Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 12, 1998 and adjourned Thursday, March 19, 1998, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1998 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume 1 contains January 12,1998 through March 5,1998. Volume II contains March 6, 1998 through March 19, 1998 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 1998 and adjourned Thursday, March 19, 1998
VOLUME I
1998 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1997-1998
THOMAS B. MURPHY .......................................................................Speaker
18th DISTRICT, HARALSON COUNTY
JACK CONNELL .................................................................Speaker Pro Tem
115th DISTRICT, RICHMOND COUNTY
ROBERT E. RIVERS, JR.........................................................................Clerk
HARALSON COUNTY
ELMOREC. THRASH.....................................................................Messenger
LOWNDES COUNTY
TAYLOR COUNTY
STAFF OF THE CLERK'S OFFICE
CHRISTEL RAASCH ..............................................................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
CAROLYN PETTUS ........................................Assistant Clerk for Roll Call
GWINNETT COUNTY
ARTHUR VINING...... .......... ..Assistant Clerk for Printing & Distributing
NEWTON COUNTY
MARY ANNA MEEKS .................................................... ........Calendar Clerk
FULTON COUNTY
CICERO LUCAS ..................Assistant Clerk for Administrative Assistance
GWINNETT COUNTY

MONDAY, January 12,1998
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 12,1998
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by the Reverend Larry Acuff, Pastor, Bremen Church of Christ, Bremen, Georgia.
The members pledged allegiance to the flag.
The following communications were received:
House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160 January 14, 1997
Honorable Eugene Tillman Representative, District 173 1910 Kay Avenue Brunswick, Georgia 31520
Dear Gene: The following are your corrected committee assignments: Appropriations Human Relations and Aging Natural Resources, Secretary Sincerely, /s/ Thomas B. Murphy Speaker
TBM:bd cc: Hon. Terry Coleman
Hon. David Lucas Hon. Bob Manner Mr. Paul Lynch Mr. Sewell Brumby Mr. Robby Rivers Mr. Dan Williams Mr. Joe Brown

2

JOURNAL OF THE HOUSE,

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
January 14,1997
Honorable Vernon Jones Representative, District 71 Post Office Box 361360 Decatur, Georgia 30036
Dear Vernon:
I am this date placing you on the Appropriations Committee and removing you from the Special Judiciary Committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:bd
cc: Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Honorable Terry Coleman Honorable Billy Randall Mr. Dan Williams Mr. Joe Brown

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
January 27, 1997
Honorable John Wiles Representative, District 34 2229 Covell Court Kennesaw, Georgia 30152
Dear John:
Effective this date, I am removing you from the Health and Ecology Committee and placing you on the Judiciary Committee.
Sincerely, /a/ Thomas B. Murphy
Speaker
TBM:bd
cc: Hon. Jim Martin Hon. Buddy Childers Mr. Paul Lynch Mr. Robby Rivers Mr. Dan Williams Mr. Joe Brown Mr. Frank Eldridge

MONDAY, January 12,1998

3

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160

February 5,1997

Honorable Hanson Carter Representative, District 166 P.O. Box 711 Nashville, Georgia 31639-0711

Dear Hanson:

Effective this date, I am removing you from the Agriculture and Consumer Affairs Committee and placing you on the Industry Committee.

Sincerely,
/s/ Thomas B. Murphy Speaker

TBM:aw

c:

Representative Henry Reaves

Representative Newt Hudson

Mr. Paul Lynch, Fiscal Officer

Mr. Robby Rivers, Clerk, House of Representatives

House of Representatives Legislative Office Building, Room 601
Atlanta, Georgia 30334
11 April 1997
Honorable Zell Miller Governor of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Miller:
The time has come for me to formalize that of which you and I have spoken earlier. I will resign as the Representative from House District 150, effective at midnight ending 13 April, 1997.
Respectfully, I ask your help with a matter related to the resignation. The tuning of this action and notice are predicated upon the desire to have the special election of my successor coincide with a local option sales tax vote being considered in Chatham County for 17 June 1997. This would establish the potential to greatly reduce or virtually eliminate the cost of the special legislative election.
Your staff has been most helpful to me in a review of the relevant statute. As I understand it, if the majority of the ten days prescribed for issuance of the writ of election is allowed to lapse after creation of the vacancy, the Office of the Secretary of State and Chatham elections officials will then be able to ensure 17 June falls within the thirty to sixty day window to which they are held for scheduling and conducting the special legislative election.
I would be most appreciative for your accomodation of this request.
Governor Miller, it has been my genuine privilege and honor to serve in the General Assembly during you Administration. Your vision and vigor have ensured your place in

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history as one of Georgia's greatest Governors. You have provided opportunities which were completely unheard of before, but are now relied upon by millions of Georgians.
Thank you for the honor for me to have been but a small stitch in the historic tapestry you have woven.
Regards, /a/ Sonny Dixon

State of Georgia Office of the Governor Atlanta, Georgia 30334-0900
April 14, 1997
Honorable Sonny Dixon State Representative 74 Bazemore Avenue Garden City, Georgia 31408
Dear Sonny:
This will acknowledge receipt of your correspondence in which you tendered your resignation as a member of the House of Representatives, District 150. By copy of this letter, your resignation is hereby accepted, effective at the close of the day April 13, 1997.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/clb cc: Honorable Lewis Massey, Secretary of State
Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Robert E. Rivers, Clerk of the House of Representatives

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Sonny
Dixon, State Representative, District 150; and

WHEREAS:

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

WHEREAS:

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

WHEREAS:

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

MONDAY, January 12, 1998

5

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 150, be and the same is hereby issued to the Secretary of
State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa-
tives from District 150, shall be held on the 17th day of June, 1997, pursuant to the Constitution and Laws of the State of Georgia.

This 21st day of April 1997.

M Zeli Miller GOVERNOR

ATTEST:

/s/ Steve W. Wrigley EXECUTIVE SECRETARY

State of Georgia Office of the Governor
Atlanta 30334-0900
May 2,1997
Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 283, 313, 378, 383, 417, 419, 433, 465, 517, 528, 838, 866, 914, and 1013 which were passed by the General Assembly of Georgia at the 1997 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia 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 vetoes are attached.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/mcc Attachments cc: Honorable Pierre Howard, Lieutenant Governor
Honorable Robert E. Rivers, Jr., 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

State of Georgia Office of the Governor
Atlanta 30334-0900

May 2,1997

6

JOURNAL OF THE HOUSE,

Honorable Pierre Howard Lieutenant Governor
240 State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Howard:

I have vetoed Senate Bill 349 which was passed by the General Assembly of Georgia at the 1997 Regular Session.

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bill and corre-
sponding reasons for its veto are attached.

With kindest regards, I remain

Sincerely, M Zell Miller

ZM/mcc Attachment cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives
Honorable Robert E. Rivers, Jr., 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 1
House Bill 283 authorizes ticket brokering in Georgia. With one significant exception, the bill makes it unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission in excess of face value to athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions. An exception to the ticket brokering requirement actually would legalize the scalping of a ticket for an event by an individual ticket holder who is the "original purchaser" of the ticket as long as that person does not sell the ticket on the property where the event is to be held.
Current state law prohibits ticket scalping by everyone. This law has been in existence in one form or another since 1966. In a 1979 decision upholding the constitutionality of the ban on ticket scalping, the Georgia Supreme Court held that the prohibition on the practice of scalping tickets is a reasonable regulation fulfilling a legitimate state interest. State v. Major. 243 Ga. 255 (1979).
House Bill 283 not only legalizes ticket scalping but also creates an unfair monopoly for ticket brokers. This bill, like one which I vetoed for similar reasons in 1995, fails to protect consumers and is unfair to promoters and artists.
The potential problems contained in House Bill 283 include the following:
A requirement that bond be posted in the amount of $150,000. This amount is insufficient to protect consumers should a ticket broker fail to provide tickets or abscond with the proceeds.
There is no penalty for a ticket broker who fails to deliver a paid-for ticket unless the ticket broker has guaranteed in writing the delivery of the ticket. However, somewhat incredibly, there is no requirement that a ticket broker provide any written guarantee that a ticket be delivered, thereby creating a significant loophole which could greatly harm the ticket-buying public.
While the bill purports to regulate ticket brokers, it legalizes ticket scalping by permitting other individuals who purchase tickets for "personal use" to resell

MONDAY, January 12,1998

7

those tickets for any price without regulation. This will in fact increase, rather than decrease, consumer confusion and complaints.
For the protection of consumers, performers, and athletes, I hereby veto House Bill 283.

VETO NUMBER 2
House Bill 313 establishes the Miller County Recreation Authority, a public entity that will own and operate a golf course project in Miller County.
After passage, the author of the bill discovered a defect in the effective date of the bill and requested a veto. The correct effective date with the duplicate provisions creating the Miller County Recreation Authority was placed in House Bill 806, which I signed on March 25,1997.
Therefore, at the request of the author, I hereby veto House Bill 313 on technical grounds.

VETO NUMBER 3
House Bill 528 is an unfortunate conglomeration of inconsistent, contradictory, and unconstitutional provisions which renders the bill legally flawed.
As originally introduced, House Bill 528 amends Georgia's Groundwater Use Act by lowering to 50,000 gallons per day the amount of ground water which may be withdrawn in locations that have been designated by the director of the Environmental Protection Division as special ground water management areas. However, during the last two days of the 1997 session, amendments were added to this legislation which, when combined, are irreconcilable, raise considerable constitutional problems, and are unnecessary to achieve their purported objectives.
On day 39 of the session, four amendments were added to this bill on the Senate floor. Three of these amend the exact same paragraph (7) of Code Section 12-5-23.2, without repealing any language contained in any of them. To compound the problem, on the 40th and last day, the House passed another amendment, later agreed to by the Senate, which conflicts with the prior Senate amendments but in similar fashion fails to repeal any of them.
Adding to this confusion is the fact that House Bill 528 creates an unconstitutional special law and has no general repealer clause which is contained in every bill that passes the General Assembly, which causes it to conflict with existing law.
One of the Senate amendments, codified as the first "Section 1A" of the bill, has serious constitutional and policy flaws. It allows "any capital outlay project" funded by the excise tax on rooms, lodgings, and accomodations or "any project of the Atlanta Housing Authority" to connect to a sewer system regardless of whether a sewer moratorium in effect.
The City of Atlanta is currently under a moratorium for sewer connections in accordance with a 1996 Act of the General Assembly due to violations of the Water Quality Control Act. See O.C.G.A. Code Section 12-5-23.2(c)(6). The Senate amendment just mentioned was meant to provide an exception to the 1996 Act so that an arena could be constructed for the Atlanta Hawks basketball team as well as additional projects of the Atlanta Housing Authority.
However, there are at least two legal problems with this amendment. First, in conflict with additional amendments (see below), the reference to "any capital outlay project" without any tune limitation could apply to an unlimited number of projects for an indefinite period of time other than just the Hawks arena.
Second, the specific reference to the Atlanta Housing Authority creates a special law applicable solely to one housing authority in conflict with the general law contained in the same

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legislation, thereby violating the constitutional prohibition on special laws. See Ga. Const. 1983, Art. Ill, Sec. VI, Para. IV(a).
A second Senate amendment, codified as the second "Section 1A" of House Bill 528, allows "additional sewer connections for which permits were issued prior to the imposition of a moratorium on additional sewer connections." This amendment conflicts with the previous amendment by being more restrictive, applying only to permits issued prior to the moratorium.
On the last day of the session, the House added yet another amendment to deal with the Hawks arena and housing authority projects in "Section 1" of House Bill 528. This amendment creates an exception from the sewer moratorium only for certain capital outlay projects started prior to July 1, 1998, or for any public housing authority project so long as the additional connections do not cause the total quantity of sewage to exceed a specified amount. By failing to repeal any of the previous amendments, the House amendment directly conflicts with the two Senate amendments just reviewed.
In fact, none of these amendments are needed to allow the Hawks arena to be constructed or to permit particular Atlanta Housing Authority projects to be connected to the sewer system. A permit was issued for the Hawks facility prior to the imposition of the sewer moratorium. EPD previously informed the City of Atlanta that projects permitted by the city for sewer connection prior to the time any moratorium is in effect may proceed, even if the project is constructed or occupied during the pendency of the moratorium. Similarly, EPD has informed the city that the moratorium applies only to new connections, not to replacement connections like some proposed projects of the Atlanta Housing Authority.
There was yet one more amendment, codified as the third "Section 1A" of House Bill 528, which requires EPD to request that the U.S. Environmental Protection Agency assist in devising strategies to prevent future discharges of waste waters into the Chattahoochee River which will violate permitted phosphorus levels. The Georgia EPD is delegated the authority to administer the waste water discharge program required by the federal Clean Water Act, which includes enforcement of discharge permit limits. In addition, EPD has agreed to work jointly with the federal EPA on enforcement of discharge permit limits within the City of Atlanta.
The original intent of this bill, which is to lower the groundwater permit threshold under certain circumstances, may be a laudable goal. Unfortunately, due to the manner in which amendments were added to this bill during the closing hours of the 1997 session, that intent has been offset by the legal morass presented by the final version of this legislation. EPD can still achieve the objective of the original legislation through the permitting process of the Georgia Safe Drinking Water Act, O.C.G.A. Code Section 12-5-170, et seq.
To summarize, House Bill 528 has multiple provisions which expressly conflict with an contradict one another, no general repealer clause, and one provision which is likely to be held unconstitutional. The intent of the bill can be accomplished through existing law.
For all these reasons, I have no choice but to veto House Bill 528.

VETO NUMBER 4
House Bill 1013 changes procedures concerning the appellate review of pretrial proceedings in death penalty cases and, in so doing, may operate to increase the number of death penalty appeals and create further delays in this appellate process than already exist.
Current law provides for the trial judge to conduct a hearing to determine whether an interim review by the Georgia Supreme Court of pretrial rulings in a death penalty case is appropriate to serve the ends of justice, and in doing so the judge must balance whether the delay caused by any such review outweighs the need for the review. Once the trial judge files a report certifying that all pretrial proceedings have been concluded and the case is ready for trial, the prosecutor and the defendant may each file a report identifying

MONDAY, January 12,1998

9

areas where reversible error may have occurred with the clerk of the superior court, including an application for appeal with respect to any order entered in the case.
House Bill 1013 creates two potential problems. First, the bill adds language to current law to expand the issues that could be raised in the intermediate appellate review of a death penalty case. Second, the amendatory language in the bill arguably may create a right for prosecutors or defendants to appeal any and all pretrial decisions directly to the Georgia Supreme Court without any determination by the trial court that such an appeal would be appropriate to serve the ends of justice.
Because of the uncertainty in the language contained in the bill, which could create additional appeals in death penalty cases in spite of a determination by the trial court that an interim appeal is nor appropriate, the Attorney General has recommended that House Bill 1013 be vetoed.
For the above reasons, I hereby veto House Bill 1013.

VETO NUMBER 5
House Bill 417 allows an income tax credit of $500 for individuals who purchase new single-family homes containing specified accessibility features, or a tax credit of the lower of $125 or the actual cost of each added accessibility feature for a modification to an existing single-family home, up to a total credit of $500. There is no requirement that any such accessibility feature actually be used by someone physicially challenged who would receive the benefit of the feature.
This bill will create a significant revenue loss for the State of Georgia without any guaranteed benefit for anyone actually needing and using an accessibility feature. If ten percent of Georgia's new home purchases were eligible for the $500 credit and only one accessibility feature was added in one percent of existing homes, the new revenue loss to the state in tax year 1998 would be be approximately $2.6 million for the new purchases and $2.7 million for the existing home installation, for a total revenue loss of $5.3 million.
None of these estimated costs were included hi House Bill 204, the Fiscal Year 1998 budget act. Therefore, due to the negative financial impact upon state revenues, I hereby veto House Bill 417.

VETO NUMBER 6
House Bill 517 provides, in part, for an income tax credit for qualified caregiving expenses of the lesser of $500 or ten percent of the qualified expenses on behalf of family members at least 62 years of age, beginning in January, 1999.
The estimated costs of this tax credit for the first applicable fiscal year are between $4 and $6 million, with an additional incremental cost for subsequent years. This amount of money would have to be found in what promises to be an extremely tight budget for a future fiscal year.
It is fiscally irresponsible to impose such a significant impact upon revenue in advance of a budget which has yet to be proposed. Unless the estimated costs of this credit are included in the budget act for which it is proposed, the credit will result in the budget being out of balance.
Due to this negative financial impact upon state revenues, I hereby veto House Bill 517.

VETO NUMBER 7
House Bill 866 creates the Georgia Golf Hall of Fame Authority. The Authority would consist of 15 members who also serve on the current Georgia Golf Hall of Fame Board.

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JOURNAL OF THE HOUSE,

The Authority would be empowered to receive, generate, and administer revenue toward the operation of the Georgia Golf Hall of Fame, contract with other governmental entities, and accept federal loans and grants. Significantly, the Authority would be permitted to issue revenue bonds to finance some or all of the construction and related expenses concerning the Georgia Golf Hall of Fame. The legislation requires the Authority to establish a debt sinking fund using the Authority's revenues as a pledge for the issuance of any revenue bonds, and stipulates that these bonds "shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state."
The reasons for vetoing this bill are financial in nature. It presently is unclear whether the Georgia Golf Hall of Fame will require an operating subsidy similar to the Music Hall of Fame Authority or other state authorities. The Georgia Golf Hall of Fame Board itself is receiving $85,000 in state funds in Fiscal Year 1997 and is budgeted to receive the same amount in Fiscal Year 1998.
In addition, the Board under current law can receive state general obligation bond financing and other financing for projects related to the Georgia Golf Hall of Fame. The need to create a separate state entity to issue revenue bonds for this same purpose is questionable, particularly when the revenue potential of the planned facility to support its operation and any revenue bonds issued is unproven.
For these reasons, I hereby veto House Bill 866.

VETO NUMBER 8
House Bill 378 amends the Georgia Business Expansion Support Act (BEST) of 1994 in several ways which undermines the intent of the BEST legislation and will result in a reveune loss for the state.
Current law provides that businesses in any industry in counties designated as "Tier 1" (the 53 poorest counties in Georgia) prior to January 1, 1994, are eligible for a jobs tax credit until the statute's sunset date of December 31, 1997. Thereafter, only businesses in specific qualifying industries, such as manufacturing, warehousing and distribution, telecommunications, tourism, processing, and research and development, will be eligible for the credit.
House Bill 378 would remove the sunset date for the special credit for Tier 1 counties, apply the credit only to the 40 poorest counties, and open the credit up to any type of business.
The purpose of the jobs tax credit in the BEST legislation is to provide an incentive for businesses to locate or expand in Georgia or in a certain group of counties rather than anywhere else. With the removal of the sunset provision, all businesses, including retail establishments, in any of the 40 poorest counties could qualify for the jobs tax credit.
This legislation originally was passed and has been expanded over the past few years to provide Georgia with locational incentives similar to competing states in the Southeast. Retail businesses are not a part of this incentive package since the decision on where to locate such stores is based almost exclusively on the market demand in a particular location. Therefore, giving a jobs tax credit to such an industry is no more than a gratuity to a business which is going to base its decision to locate based on other factors.
In addition, the low wages paid by retail establishments do not usually produce enough taxable income to the state which is sufficient to offset the $2500 jobs tax credit. Consequently, this bill would result in a revenue loss to the state.
Consequently, due to the financial impact upon state revenues, I hereby veto House bill 378.

MONDAY, January 12,1998

11

VETO NUMBER 9
House Bill 383 amends the Quality Basic Education Act to include attorneys' fees and costs of litigation in the "reasonable and necessary expenses incurred hi educating (a) child" hi facilities operated by the Department of Human Resources or the Department of Children and Youth Services for which the state reimburses local school systems under the QBE formula.
This has a potential of an adverse impact upon the state education budget. The treatment and education of students in state facilities can be a very litigious area. While it is impossible to estimate the extent of attorneys' fees and litigation costs which the state would have to reimburse under this legislation, approval of the bill would result hi less incentive for local school systems to reach a settlement in many cases before they go to court if those local systems are not themselves responsible for the costs of litigation.
In addition, amendments were added to House Bill 383 in the Senate to allow middle schools to offer foreign language instruction to all students (rather than those who score at or above the sixtieth percentile on a national normed test of reading achievement) and to permit school security personnel hi all counties to be authorized to carry a weapon (rather than just those counties having a population of at least 100,000). These are major policy changes which received only limited discussion and are totally unrelated to the original purpose of the bill.
Based on the budgetary implications of state funding for legal fees expended by local school systems as a part of the necessary expenses for the education of children in certain state facilities, I hereby veto House Bill 383.

VETO NUMBER 10
House Bill 465 has negative budget implications while it attempts to mandate by statute what the Department of Medical Assistance is permitted to cover under the state's Medicaid plan.
The bill authorizes the Department of Medical Assistance to amend the state plan for medical assistance to reimburse institutions for mental disease for services provided to individuals underage 21 and over age 65. The bill also limits expenditures for such services to 1996 funding levels for impatient behavorial health services, adjusted for inflation.
There are two reasons for vetoing this legislation. First, the budget neutrality language which caps spending at 1996 funding levels for inpatient behavorial services is unclear and ambiguous. The bill does not specify if the 1996 funding level relates to Medicaid-covered services or Department of Human Resources mental health services, nor does it specify whether this level includes expenditures for both primary and secondary diagnoses.
As a result, the funding level language hi House Bill 465 raises more questions then it answers and potentially has significant implications on the amount of funding for all mental health services.
Second, the bill establishes a troubling precedent that tries to mandate that the Department of Medical Assistance cover a specific category of service under Medicaid. Current Georgia law provides for the Department of Medical Assistance as the state Medicaid agency, and authorizes the Board of Medical Assistance to determine appropriate coverage and changes to the state plan for medical assistance. The department, with the approval of the board, already is authorized to modify the state plan or apply for waivers to extend eligibility or expand services.
For the above reasons, I hereby veto House Bill 465.

VETO NUMBER 11
House Bill 914 provides for a full scholarship program for any student who has completed the two-year military scholarship program at Georgia Military College hi Milledgeville to

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attend any Board of Regents institution that offers a Reserve Officers' Training Corps (ROTC) program.
While the state currently funds four year military scholarships at North Georgia College, those recipients are required to attend the military college for four years to retain eligibility for the scholarship.
Lottery funds currently are used to support a full military scholarship for selected students attending Georgia Military College, which is a private institution. These funds support 66 scholarships per year. If all Georgia Military College military scholarship recipients attend a Regents institution in their junior and senior years. House Bill 914 could cost between $405,000 and $611,000. None of these estimated costs were included in House Bill 204, the Fiscal Year 1998 budget act.
Instead of requiring the state to assume an obligation to provide full military scholarships for students to continue their education at a non-military school, students who complete the program at Georgia Military College with a "B" average currently are eligible for the HOPE scholarship at any public or private college in Georgia. In addition, any of these students who go on to North Georgia Military College to complete their education and participate in ROTC will be eligible for a $1,500 annual tuition grant.
Due to negative budget implications, the availability of the HOPE scholarship and tuition grants, and the need to continue the policy of providing military scholarships only for those recipients attending military college, I hereby veto House Bill 914.

VETO NUMBER 12
Senate Bill 349 originally was introduced on behalf of the Department of Audits, so that this agency can meet new national accounting requirements related to nonprofit organizations and facilitate an earlier compilation of statewide financial statements. However, the bill became flawed when an amendment was added late in the session concerning the manner in which the state seal is affixed to state-owned vehicles.
Current law requires the state seal to be placed on the trunk or other conspicuous spot on all state-owned vehicles except law enforcement vehicles used for investigative purposes. Senate Bill 349 would require a decal or seal containing the name of the agency which owns or leases the vehicle to be placed on the front door on each side of any noninvestigative state vehicle, and makes any person driving a vehicle not complying with this edict guilty of a misdemeanor.
This provision has three problems. First, it will require an expenditure of funds to place these additional markings on every eligible state vehicle, and no such funds were appropriated in House Bill 204, the Fiscal Year 1998 budget act.
Second, there is little basis for concluding that the current requirement that the state seal be placed on the trunk of state vehicles does not sufficiently identify those vehicles. The Office of Planning and Budget, the Department of Audits, and the Department of Administrative Services have issued a joint policy memorandum on state-owned motor vehicles that can be modified to address the issue of vehicle markings in event the current law needs further amplification.
Finally, the provisions which subject the driver of the vehicle to up to a $1,000 fine and 12 months in jail appear to be overly punitive.
With respect to the new procedures needed by the Department of Audits, I will include such requirements in a forthcoming Executive Order to enable that agency to meet federal guidelines. The department can then pursue any additional corrective legislation next session.
Based on the reasons state above, I hereby veto Senate Bill 349.

MONDAY, January 12, 1998

13

VETO NUMBER 13
House Bill 433 prohibits the filing of a civil action to recover damages against land surveyors for any error, defect, omission, or miscalculation in a survey or plat more than six years from the date of the survey or plat.
This bill started out as an effort to limit the responsibility of land surveyors only to those persons in privity of contract with the land surveyor. However, the broad language in the final version of the bill is both anti-consumer and unduly protective of those individuals who may willfully execute an erroneous survey or plat to the detriment of the landowner.
Under the provisions of House Bill 433, no person could bring an action for damages against a land surveyor for an error or omission in a survey or plat more than six years from the date of the survey or plat even if the error or omission was intentional or grossly negligent. Moreover, it is entirely possible that such a grievous error would not be discovered by an unsuspecting owner until the property in question is sold much later in time. It is unfair and inequitable to bar every person from bringing an action under such circumstances.
Based on these reasons, I hereby veto House Bill 433.

VETO NUMBER 14
House Bill 419 provides that "heavy-duty equipment motor vehicles" when owned by a dealer engaged in the business of selling such vehicles will not be subject to ad valorem tax normally assessed against tangible property. Currently, heavy-duty equipment vehicles are subject to the same ad valorem tax rules as any other motor vehicle.
Article VII, Section II, Paragraph II of the Georgia Constitution provides that no property shall be exempted from ad valorem taxation unless such exemption is approved in a referendum. Since the enactment of House Bill 419 is not dependent upon any such referendum, the bill may be constitutionally flawed.
In addition, the Attorney General's office currently is defending the state in a lawsuit which challenges another ad valorem tax exemption which was not approved by the voters. Until that lawsuit is resolved, it would be inappropriate to create another questionable ad valorem tax exemption which could subject the state to another round of litigation.
Based upon these factors, I hereby veto House Bill 419.

VETO NUMBER 15
House Bill 838 provides a homestead exemption for residents 70 years of age or older from certain ad valorem taxes levied on behalf of the Chattooga County School District.
After passage, a defect in the bill was discovered causing its author to request a veto. This homestead exemption was perfected in House Bill 1009, which I have signed.
Therefore, at the request of the author, I hereby veto House Bill 838 on technical grounds.

The Honorable Zell Miller Governor, State of Georgia 203 State Capitol Atlanta, Georgia 30334

House of Representatives State Capitol, Room 109 Atlanta, Georgia 30334
May 8, 1997

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RE: Letter of Resignation
Dear Governor Miller:
Please be advised that I will be resigning from my position as State Representative for House District 70, effective May 31, 1997.
Thank you for your attention to this matter.
Sincerely, /s/ Thurbert E. Baker
TEB:sb cc: Honorable Thomas B. Murphy
Speaker, Georgia House of Representatives

State of Georgia Office Of The Governor
Atlanta 30334-0900
May 8,1997
Honorable Thurbert E. Baker State Representative State Capitol, Room 109 Atlanta, Georgia 30334
Dear Representative Baker:
This will acknowledge receipt of your correspondence in which you tendered your resignation as a member of the House of Representatives, District 70. By copy of this letter, your resignation is hereby accepted, effective May 31, 1997.
Your service to the State of Georgia in the above capacity and as my Administration Floor Leader is greatly appreciated, and I extend to you my best wishes as you begin your new position as Attorney General.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/clb cc: Honorable Lewis Massey, Secretary of State
Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Robert E. Rivers, Clerk of the House of Representatives

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
May 21, 1997
Mr Paul Lynch Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
I am this date removing Representative "K" Bates as Vice Chairman of the House State Planning & Community Affairs Committee and leaving him on said committee as a member.

MONDAY, January 12,1998

15

Further, I am appointing Representative Tom Shanahan as Vice Chairman of this com mittee and appointing Representative Joe Heckstall as Secretary.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:aw c: Honorable Richard Royal, Chairman
Honorable Tom Shanahan Honorable Joe Heckstall Robert E. Rivers, Clerk, House of Representatives Dan Williams, Director, House Research Office Sewell Brumby, Legislative Counsel Joe Brown, House Information Office

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
June 20, 1997
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the June 17, 1997 Special Election for the office of State Representative in the General Assembly of Georgia from District 150, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Lewis A. Massey
Secretary of State
LAM:LWB:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Lewis A. Massey, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 17th day of June, 1997, in District 150 of the State House of Representatives, in a portion of Chatham County, to fill the vacancy existing due the resignation of the Honorable Sonny Dizon, show the following results:
Joey Crawford --------------1026 Ron Stephens ----------------2848
Having received a majority of the votes cast, Ron Stephens was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the

16

JOURNAL OF THE HOUSE,

(SEAL)

City of Atlanta, this 20th day of June, in the year of our Lord One Thousand Nine Hundred and Ninetyseven and of the Independence of the United States of America the Two Hundred and Twenty-First.
/s/ Lewis A. Massey Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Ron Stephens State Representative
Sworn to and subscribed before me, this 20th day of July, 1997.
/s/ Ronald E. Ginsberg Judge, State Court, Chatham County, GA

The following committee assignment was made by the Speaker: Representative Ron Stephens, District 150: House Committee on Insurance: House Com mittee on Defense and Veterans Affairs: and House Committee on Industrial Relations

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
August 22, 1997
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the August 19, 1997, Special Runoff Election for the office of State Representative in the General Assem bly of Georgia from District 70, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Lewis A. Massey

MONDAY, January 12, 1998

17

LAM:LWB:bt Enclosure

Secretary of State

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Lewis A. Massey, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 29th day of July, 1997, in District 70 of the State House of Representatives in a portion of Dekalb County, to fill the vacancy existing due to the resignation of the Honorable Thurbert E. Baker, show the following results:

Martin Cunningham -----------293 Alvin R. Dollar---------------265
Catherine Gilliard ------------215 J. L. Johnson-----------------230 Lance Robertson------------------136 Stan Watson-----------------321

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on August 19, 1997 and the consolidated returns on file in this office show the following results:

Martin Cunningham ------------494 Stan Watson----------------606

Having received a majority of the votes cast, Stan Watson was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 22nd day of August, 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 Twentysecond.

(SEAL)

/s/ Lewis A. Massey Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Stan Watson State Representative, District 70
Sworn to and subscribed before me,

18

JOURNAL OF THE HOUSE,

this 29th day of August, 1997.
/s/ Robert Benham Judge, Chief Justice, Supreme Court of Georgia

House of Representatives State Capitol, Room 220 Atlanta, Georgia 30334
September 6, 1997
Honorable Zell Miller, Governor Office of the Governor State Capitol Atlanta, GA 30334
Dear Governor Miller:
As you know I have been nominated by Senator Max Cleland for the position as Georgia State Executive Director of Farm Service Agency. Therefore, I must submit my resignation effective this date September 6, 1997.
I have enjoyed the relationship we have shared through the years. I certainly will miss my colleagues in the Georgia General Assembly and those of you in the Executive Branch.
Good luck to you in your future endeavors.
Sincerely, /s/ Hanson Carter, Chairman
Game, Fish & Parks Committee
HC/sds

State of Georgia Office of the Governor
Atlanta 30334-0900
September 19, 1997
Honorable Hanson Carter State Representative State Capitol, Room 220 Atlanta, Georgia 30334
Dear Representative Carter:
This will acknowledge receipt of your correspondence in which you tendered your resig nation as a member of the House of Representatives, District 166. By copy of this letter, your resignation is hereby accepted, effective September 19, 1997.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, M Zell Miller
ZM/clb cc: Honorable Lewis Massey, Secretary of State
Honorable Thomas B. Murphy, Speaker, House of Representatives Honorable Robert E. Rivers, Clerk, House of Representatives

MONDAY, January 12,1998

19

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Hanson Carter, State Representative, District 166; and

WHEREAS:

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

WHEREAS:

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

WHEREAS:

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

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representa tives, District 166, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa tives from District 166, shall be held on the 18th day of November, 1997, pursuant to the Constitution and Laws of the State of Georgia.

This 23rd day of September 1997.

/s/ Zell Miller GOVERNOR

ATTEST:

/s/ Steve W. Wrigley EXECUTIVE SECRETARY

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
September 23,1997
Honorable Stan Watson Representative, District 70 2512 Charleston Terrace Decatur, Georgia 30034
Dear Stan:
As you requested, I am this date appointing you to the following House standing com mittees:

20

JOURNAL OF THE HOUSE,

Governmental Affairs Insurance State Institutions and Property
With kind personal regards, I am
Sincerely, /s/ Thomas B. Murphy

TBM:bd
CC: Hon. Bob Holmes Hon. Jimmy Lord Hon. Denny Dobbs Paul Lynch, Fiscal Officer Robert E. Rivers, Clerk of the House Sewell Brumby, Legislative Counsel Joe Brown, House Information Dan Williams, House Research

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
September 23, 1997
Mr. Paul Lynch Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
I am this date removing Representative Dan Ponder as Secretary of the House Govern mental Affairs Committee and leaving him on said committee as a member.
Further, I am appointing Representative Helen G. Hudson as Secretary of the House Governmental Affairs Committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:bd
CC: Hon. Dan Ponder Hon. Helen G. Hudson Hon. Bob Holmes Robert E. Rivers, Clerk of the House Sewell Brumby, Legislative Counsel Joe Brown, House Information Dan Williams, House Research

Honorable Jimmy Benefield

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
October 14, 1997

MONDAY, January 12, 1998

21

Representative, District 96 6656 Morning Dove Place Jonesboro, Georgia 30236
Dear Jimmy:
Pursuant to your request, I am this date removing you from the Ways & Means Com mittee and placing you on the Industry Committee.
With kind personal regards, I am
Sincerely, M Thomas B. Murphy
Speaker
TBM:bd
cc: Hon. Tom Buck Hon. Newt Hudson Mr. Paul Lynch Mr. Robby Rivers House Information House Research

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
November 10, 1997
Honorable Bob Lane Representative, District 146 Post Office Box 275 Statesboro, Georgia 30458-0275
Dear Bob:
Pursuant to your request, I am this date removing you as Chairman of Industrial Rela tions and appointing you Chair of Game, Fish & Parks.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:bd
cc: Paul Lynch Robert E. Rivers Sewell Brumby House Information House Research

Honorable Larry Smith Representative, District 109 Post Office Box 1155 Jackson, Georgia 30233-1155

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
November 10,1997

22

JOURNAL OF THE HOUSE,

Dear Larry:
Pursuant to your request, I am thia date removing you as Chairman of Ethics and State Institutions and Property and appointing you Chair of Industrial Relations.
Sincerely, M Thomas B. Murphy
Speaker
TBM:bd
cc: Paul Lynch Robert E. Rivers, Jr. Sewell Brumby House Information House Research

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
December 11, 1997
Honorable LaNett Stanley Representative, District 50 712 Gary Road Atlanta, Georgia 30318
Dear LaNett:
I am this date appointing you to Vice-Chairman of Interstate Cooperation.
Thank you.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:bd
cc: Robert E. Rivers, Jr. Paul Lynch House Information House Research Hon. Gerald Greene

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
December 11, 1997
Honorable Regina Thomas Representative, District 148 1406 East 35th Street Savannah, Georgia 31404
Dear Regina:
I am this date appointing you Secretary of Banks & Banking.
Thank you.

MONDAY, January 12,1998

23

TBM:bd
cc: Robert E. Rivers, Jr. Paul Lynch House Information House Research Hon. Butch Parrish Hon. Jeff Lewis

Sincerely, /s/ Thomas B. Murphy
Speaker

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
December 11, 1997
Honorable Doug Teper Representative, District 61 2517 Ellijay Drive Atlanta, Georgia 30319
Dear Doug:
Pursuant to your request, I am this date appointing you to MARTOC.
Thank you.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:bd
cc: Robert E. Rivers, Jr. Paul Lynch House Information House Research Hon. Billy McKinney

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
December 11,1997
Honorable Mike Snow Representative, District 2 71 Snow Drive Rock Spring, Georgia 30739
Dear Mike:
Pursuant to your request, I am this date appointing you Chair of Ethics.
Thank you.
Sincerely, /s/ Thomas B. Murphy
Speaker

24

JOURNAL OF THE HOUSE,

TBM:bd
cc: Robert E. Rivers, Jr. Paul Lynch House Information House Research

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
December 11, 1997
Honorable Louise McBee Representative, District 88 145 Pine Valley Place Athens, Georgia 30319
Dear Louise:
I am this date appointing you Vice-Chairman of Retirement.
Thank you.
Sincerely, M Thomas B. Murphy
Speaker
TBM:bd
cc: Robert E. Rivers, Jr. Paul Lynch House Information House Research Hon. Bill Cummings

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
December 11, 1997
Honorable Curtis Jenkins Representative, District 110 Post Office Box 634 Forsyth, Georgia 31029
Dear Curtis:
Pursuant to your request, I am this date appointing you to Interstate Cooperation.
Thank you.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:bd
cc: Robert E. Rivers, Jr. Paul Lynch House Information

MONDAY, January 12, 1998

25

House Research Hon. Gerald Greene

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
December 15, 1997
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the December 9, 1997 Special Runoff Election for the office of State Representative in the General Assem bly of Georgia from District 166, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, Is/ Lewis A. Massey
Secretary of State
LAM:LWB:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Lewis A. Massey, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 18th day of November, 1997, in District 166 of the State House of Representatives in Berrien County and portions of Colquitt and Cook Counties, to fill the vacancy existing due to the resignation of the Honorable Hanson Carter, show the following results:

BERRIEN COLQUITT COOK

TOTAL

CarlCamon Penny Houston Ed Perry Georgia Powell David Tyndall

362

30

1005

114

657

103

69

154

243

758

253

645

166

1285

167

927

280

503

163

1164

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on December 9, 1997 and the consolidated returns on file in this office show the following results:

BERRIEN COLQUITT COOK

TOTAL

Penny Houston David Tyndall

1657

290

458

2405

632

1205

322

2159

Having received a majority of the votes cast, Penny Houston was duly elected to this office.

26

JOURNAL OF THE HOUSE,

(SEAL)

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 15th day of December, 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 Twentysecond.
/s/ Lewis A. Massey Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Penny Houston State Representative
Sworn to and subscribed before me, this 17th day of Dec., 1997.
/s/ H. W. Lett Judge,

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
January 5, 1998
Honorable Ralph Twiggs Representative, District 8 Post Office Box 432 Hiawassee, Georgia 30548
Dear Ralph:
Pursuant to your request, I am this date removing you from Game, Fish & Parks and placing you on Natural Resources & Environment.
Thank you.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:bd
cc: Honorable Bob Lane Honorable Bob Manner

27 MONDAY, January 12, 1998
Mr. Paul Lynch Mr. Robby Rivers House Research House Information
Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
January 6, 1998
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIRST CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT FIRST 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 First Congressional District. Such caucus *ill be held in the Senate Chamber, State Capi tol Building, Atlanta, Georgia, on Wednesday, January 14, 1998, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the First 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 First 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 6, 1998
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE SECOND CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT SECOND 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 Second Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 14,1998, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Second Congressional District are eligible to participate in said caucus. Mem bers of the House of Representatives from those representative districts embraced or partly embraced within the Second Congressional District are eligible to participate in said caucus.

28 SRB:jp

JOURNAL OF THE HOUSE,
Sincerely, /a/ Sewell R. Brumby
Legislative Counsel

Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
January 6,1998
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIFTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT FIFTH 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 Fifth Congressional District. Such caucus will be held in the Senate Chamber, State Capi tol Building, Atlanta, Georgia, on Wednesday, January 14,1998, at 4:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Fifth 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 Fifth Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp
House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
January 6, 1998
Honorable Arnold Ragas Representative, District 64 Post Office Box 870911 Stone Mountain, Georgia 30087
Dear Arnold:
I am this date appointing you to the House Judiciary Committee and removing you from the House Special Judiciary Committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Representative Jim Martin Representative Billy Randall Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby

MONDAY, January 12, 1998

29

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

Anderson Ashe Bailey Bannister Barfoot Barnard Barnes
Bates
Benefield Birdsong Bobannon Bordeaux Bradford Breedlove Bridges Brooks
Brown Buck
Buckner Bunn
Burkhalter Byrd
Campbell Canty Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews Culbreth

Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dixon Dobbs Dukes
Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Hanner Harbin Heard Hecht
Heckstall Hegstrom
Henson Holland Houston Howard Hudgens Hudson, H Hudson, N
Hugley Irvin

Jackson James Jamieson Jenkins Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddoi Mann Manning Martin, J Martin, J.L Massey McBee McCall
McClinton
McKinney
Mills
Mobley
Mosley
Mueller
O'Neal
Orrock
Parham
Fairish
Parsons

Pelote Perry Pinholster Poag Polak Ponder Porter Powell PurceU 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 S tailings Stancil, F Stancil, S Stanley, L Stanley, P Stephens Taylor Teague Teper Thomas Tillman Titus Tolbert Trense Turnquest Twiggs Walker, L
Walker, R.L
Watson
West
Westmorland
Whi taker
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 Alien of the 117th, Holmes of the 53rd and Day of the 153rd. They wish to be recorded as present.

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.
Representative Irvin of the 45th moved that the House postpone the confirmation of the Journal for ten minutes.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
YAshe N Bailey Y Bannister
N Barfoot Y Barnard N Barnes Y Bates N Benefield N Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove

Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell
Y Canty 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
Dizon

NDobbs N Dukes Y Ehrhart NEpps Y Evans Y Everett YFelton N Floyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree
Hanner

Y Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland
Holmes N Houston N Howard YHudgens N Hudson, H N Hudson, N N Hugley Ylrvin

30

JOURNAL OF THE HOUSE,

Y Jackson N James NJamiMon NJenkins Y Johnson Y Johnston N Jones
Y Joyce YKaye YLadd YLakly NLane NLee YLewia
NLord N Lucas NMaddox YMann Y Manning N Martin, J Y Martin, J.L

YMassey NMcBee YMcCaU N McClinton N McKinney Y Mills
N Mobley NMosley
YMueller NO'Neal NOrrock
N Parham NParrish Y Parsons
NPelote Y Perry YPinholster NPoag NPolak Y Ponder N Porter

YPowell NPurcell NRagas NRandall NRay Y Reaves N Reichert YRice Y Richardson
N Roberts N Rogers N Royal
Y Sanders Y Sauder Y Scarlett YScheid Y Scott
N Shanahan NShaw
NSherrill 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 YSnelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague

NTeper N Thomas NTiUman Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J
Williams, R YWorthan Y Yates
Murphy, Spkr

On the motion, the ayes were 83, nays 92. The motion was lost.

On the confirmation of the Journal, the roll call was ordered and the vote was as follows:

Y Alien YAnderson NAahe Y Bailey N Bannister
Barfoot
N Barnard YBarnes N Bates YBenefield YBirdsong N Bohannon Y Bordeaux
N Bradford NBreedlove N Bridges Y Brooks N Brown YBuck YBuckner NBunn N Burkhalter YByrd N Campbell Y Canty NCash Y Channel! YChildere N Clark NCoan
Coleman, B YColeman, T
YConnell N Cooper N Crawford N Crews

N Culbreth Y Cumnaings YDavis,G
N Davis, M NDay
NDeLoach, B NDeLoach, G NDiz YOizon YDobbs Y Dukes
Ehrhart
YEpps N Evans NEverett
NFelton YPloyd N Franklin
Y Golden N Graves YGreene N Grindley N Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
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 N Lewis
Lord Y Lucas YMaddox NMann N Manning Y Martin, J N Martin, J.L
NMassey YMcBee
YMcCaU Y McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller YO'Neal
YOrrock Y Parham

On the motion, the ayes were 99, nays 74. The motion prevailed.

YParrish N Parsons YPelote
Y Perry N Pinholster YPoag YPolak N Ponder Y Porter YPowell YPurcell
YRagas YRandall
YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett NScheid N Scott Y Shanahan YShaw YSherrill
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 NSnelling YSnow YStallings
Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas YTillman N Titus NTolbert NTrense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest
N Westmoreland YWhitaker N Wiles N Williams, B N Williams, J
Williams, R NWorthan N Yates
Murphy, Spkr

Due to a mechanical malfunction, the votes of Representatives Coleman of the 80th and Ehrhart of the 36th were not recorded on the preceding roll call. They wished to be
recorded as voting "nay" thereon.

MONDAY, January 12, 1998

31

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.

The following Resolutions of the House were read and adopted:

HR 725. 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 pur poses.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.

HR 726. 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 727. 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 13, 1998, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the afore said date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representa tives.

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JOURNAL OF THE HOUSE,

HR 728. 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 15, 1998, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the afore said date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representa tives.
HR 729. 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
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a mes sage from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M., Thursday, January 15, 1998, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to trans mit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

HR 730. 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 16, 1998, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the afore said date for the purpose of hearing an address from Chief Justice Benham.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representa tives for the purpose of hearing the address from Chief Justice Benham.

MONDAY, January 12, 1998

33

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

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

HB 1121. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Heard of the 89th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.

HB 1127. By Representatives West of the 101st, Stallings of the 100th, Childers of the 13th, Royal of the 164th, Reaves of the 178th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for livestock.
Referred to the Committee on Ways & Means.

HB 1132. By Representative Childers of the 13th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to organ banks, organ storage facilities, or organ procurement organizations.
Referred to the Committee on Ways & Means.

HB 1137. By Representative Ladd of the 59th:
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 exempt passenger motor vehicles from ad valorem taxation.
Referred to the Committee on Ways & Means.

HB 1142. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions governing labor and industrial relations, so as to change certain definitions; to change certain provisions relating to employer immunity for disclosure of information regarding employee job per formance.
Referred to the Committee on Judiciary.

34

JOURNAL OF THE HOUSE,

HB 1143. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Heard of the 89th and others:
A bill to amend Code Section 43-17-5 of the Official Code of Georgia Anno tated, relating to registration of charitable organizations which solicit or accept charitable contributions, so as to change certain requirements with respect to the review or audit of financial statements.
Referred to the Committee on Ways & Means.

HB 1144. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and Barnes of the 33rd:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to the cancellation of record of certain security instruments, so as to require the grantee of such instrument to secure the proper satisfac tion or cancellation of record of the instrument by the clerk of the superior court.
Referred to the Committee on Judiciary.

HB 1145. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Heard of the 89th and others:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to provide for an exemption with respect to certain motor vehicles owned by former prisoners of war.
Referred to the Committee on Ways & Means.

HB 1146. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Heard of the 89th 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 increase the carry forward period for tax credits for existing manufacturing and telecommunications facilities or support facilities in tier 1, 2, and 3 counties.
Referred to the Committee on Ways & Means.

HB 1147. By Representatives Holland of the 157th, Royal of the 164th, Floyd of the 138th and Smith of the 169th:
A bill to amend Code Section 48-7-40 of the Official Code of Georgia Anno tated, relating to tax credits for business enterprises in less developed coun ties, so as to extend a certain tax exemption for certain businesses in less developed counties.
Referred to the Committee on Ways & Means.

HB 1148. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend an Act providing for the Board of Education of Clarke County, so as to change the provisions relating to elections of members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, January 12,1998

35

HB 1149. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-64 of the Official Code of Georgia Anno tated, relating to limited driving permits for certain offenders, so as to pro vide for limited driving permits for persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 40-5-57.1 for certain speed limit offenses.
Referred to the Committee on Motor Vehicles.

HB 1150. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-64 of the Official Code of Georgia Anno tated, relating to limited driving permits for certain offenders, so as to pro vide for limited driving permits for persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 40-5-57.1 for certain offenses.
Referred to the Committee on Motor Vehicles.

HB 1151. 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 prohibit driving a motor vehicle off of the premises of an establishment where gasoline offered for retail sale was dispensed into the vehicle unless payment or authorized charge has been made for such gasoline.
Referred to the Committee on Motor Vehicles.

HB 1152. By Representative Parham of the 122nd:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to public school prescribed courses and development and dis semination of instructional materials on effect of alcohol, so as to provide for a course of driver education; to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be issued motor vehi cle drivers' licenses.
Referred to the Committee on Education.

HB 1153. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to keeping of records of applications for drivers' licenses and information on licensees and furnishing of such information, so as to change certain provisions relating to disclosures to government officials.
Referred to the Committee on Motor Vehicles.

HB 1154. 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 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.

36

JOURNAL OF THE HOUSE,

HB 1155. By Representative Burkhalter of the 41st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates and decals promoting and benefitting the arts in Georgia.
Referred to the Committee on Motor Vehicles.

HB 1156. By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to change the provisions relating to denial of hospital staff privileges.
Referred to the Committee on Health & Ecology.

HB 1157. By Representative Childers of the 13th:
A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Anno tated, relating to limitations of actions, so as to extend the time limit appli cable to certain actions for trespass upon or damage to realty; to change certain provisions regarding limitations on recovery for deficiency in plan ning, supervising, or constructing improvements to realty or for resulting injuries to property or persons.
Referred to the Committee on Judiciary.

HB 1158. By Representative Childers of the 13th:
A bill to amend Code Section 43-11-21 of the Official Code of Georgia Anno tated, relating to conscious sedation by dentists, so as to provide for certain physicians and nurse anesthetists to administer conscious sedation.
Referred to the Committee on Health & Ecology.

HB 1159. By Representative Bordeaux of the 151st:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies and coverage of uninsured motorist claims, so as to clarify the rights and privileges of an uninsured motorist carrier who participates as a defendant in an action for injury or damages.
Referred to the Committee on Insurance.

HB 1160. By Representatives Walker of the 141st, Hudson of the 156th, Royal of the 164th and Channell of the lllth:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to enactment of binding ordinances by municipal councils, so as to provide that the governing authority of a municipal corporation may authorize the execution of a contract specifying the rates, fees, or other charges which will be charged and collected by the municipal corporation for utility services provided by the municipal corporation to one or more utility customers.
Referred to the Committee on Industry.

MONDAY, January 12, 1998

37

HB 1161. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th, Murphy of the 18th, Connell of the 115th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for the purchase or lease of a new low-emission vehicle or the conversion of a conventionally fueled vehicle.
Referred to the Committee on Ways & Means.

HB 1162. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th, Murphy of the 18th, Connell of the 115th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to increase the amount of taxpayer and dependent exemptions with respect to Georgia taxable net income; to increase the amount of the deduction in lieu of a personal exemption with respect to estates or trusts; to increase the amount of deductions that may be taken by taxpayers who have reached age 65 or are blind.
Referred to the Committee on Ways & Means.

HB 1163. By Representatives Walker of the 141st, Manner of the 159th, Murphy of the 18th, Lee of the 94th, Connell of the 115th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish a requirement for owners of large public waste-water treatment facilities to privatize the operation and maintenance of their sys tems if violations of permits occur.
Referred to the Committee on Natural Resources & Environment.

HB 1164. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th, Lee of the 94th, Connell of the 115th and others:
A bill to provide that persons who have been found to have committed a serious violent felony shall not be afforded first offender treatment; to pro vide for legislative findings; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide that provisions relating to probation of first offenders shall not be available to any person upon a ver dict or plea of guilty to a serious violent felony.
Referred to the Committee on Judiciary.

HB 1165. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th, Lee of the 94th, Connell of the 115th and others:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution to crime victims, so as to provide that adult offenders convicted of offenses involving theft and damage to property be required to make restitution to victims who are not otherwise reimbursed or compensated.
Referred to the Committee on Judiciary.

38

JOURNAL OF THE HOUSE,

HB 1166. 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 bill to provide supplementary appropriations for the state fiscal year end ing June 30, 1998, in addition to any other appropriation heretofore or here after made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.

HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Lee of the 94th, Buck of the 135th and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.
Referred to the Committee on Appropriations.

HB 1168. By Representatives Murphy of the 18th, Stallings of the 100th and West of the 101st:
A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or par tially within Carroll County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1169. By Representative Murphy of the 18th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to use of safety belts in passenger vehicles, so as to prohibit taxing costs of prosecution and assessing any other penalties, fees, or surcharges in addition to a fine against a person convicted of the offense of failure to wear a seat safety belt.
Referred to the Committee on Motor Vehicles.

HB 1170. By Representatives Jones of the 71st, Walker of the 141st, Trense of the 44th, Smith of the 175th, Randall of the 127th and others:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution of harmful material to minors, so as to restrict the sale of certain sound recordings to minors.
Referred to the Committee on Special Judiciary.

HB 1171. By Representatives Jones of the 71st, McClinton of the 68th and Turnquest of the 73rd:
A bill to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that the Department of Human Resources shall establish a course of instruc tion on safe food handling.
Referred to the Committee on Health & Ecology.

MONDAY, January 12, 1998

39

HB 1172. By Representative Franklin of the 39th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to landlords and tenants, so as to provide for the contents of the affidavit filed after a tenant refuses or fails to deliver possession of lands or tenements when possession is demanded by the owner.
Referred to the Committee on Special Judiciary.
HB 1173. By Representatives Franklin of the 39th, Joyce of the 1st, Coan of the 82nd, Massey of the 86th, Ladd of the 59th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate "Bill of Rights Day".
Referred to the Committee on State Planning & Community Affairs.
HB 1174. By Representatives Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding property tax exemptions, so as to authorize certain individuals who are absent from their residence due to health reasons to continue to receive homestead exemptions.
Referred to the Committee on Ways & Means.
HB 1175. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd, Hudson of the 156th and Reaves of the 178th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from the excise tax on motor fuel certain sales of dyed fuel oils with respect to agricultural field use vehicles; to provide for annual licensing and fees for agricultural field use vehicles; to exempt fertilizer application equipment and crop protection chemical appli cation equipment from such annual licensing and fees.
Referred to the Committee on Ways & Means.
HB 1176. By Representatives Franklin of the 39th and Coan of the 82nd:
A bill to amend Code Section 40-6-393 of the Official Code of Georgia Anno tated, relating to homicide by vehicle, so as to provide that homicide by vehi cle which occurs as a result of driving under the influence shall be punishable by life imprisonment or death.
Referred to the Committee on Special Judiciary.

HB 1177. 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 permit registration of homeless voters.
Referred to the Committee on Governmental Affairs.

HB 1178. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file a return or pay reve nue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to provide for an effective date.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE,

HB 1179. By Representatives Williams of the 114th and Barnes of the 33rd:
A bill to provide for legislative 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 for a definition; to require a modification or waivers of the state plan of medical assistance.
Referred to the Committee on Health & Ecology.

HB 1180. By Representatives Dixon of the 168th, Epps of the 131st and Reichert of the 126th:
A bill to amend Code Section 3-1-2 of the Official Code of Georgia Anno tated, relating to definitions relative to alcoholic beverages, so as to add a new definition.
Referred to the Committee on Regulated Beverages.

HR 720. By Representative Burkhalter of the 41st: A resolution amending the Rules of the House.
Referred to the Committee on Rules.

HR 722. By Representatives Ladd of the 59th, Trense of the 44th, Snelling of the 99th, Massey of the 86th, Tolbert of the 25th and others:
A resolution voting impeachment charges against Senator Ralph David Abernathy III.
Referred to the Committee on Rules.

HR 731. By Representatives Pinholster of the 15th, Stancil of the 16th, Bridges of the 9th, Ehrhart of the 36th and Irvin of the 45th:
A resolution creating the Georgia DUI Study Commission.
Referred to the Committee on Motor Vehicles.

HR 732. By Representatives Pinholster of the 15th, Benefield of the 96th, Bridges of the 9th, Stancil of the 16th and Porter of the 143rd:
A resolution proposing an amendment to the Constitution so as to provide for the creation of the Georgia Wildflower Project Trust Fund.
Referred to the Committee on Appropriations.

HR 733. By Representative Dixon of the 168th: A resolution compensating Guy's Automotive.
Referred to the Committee on Appropriations.

HR 734. By Representative Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Tobacco Indus try Payments Trust Fund within the state treasury from which funds shall be disbursed for indigent health care, medical education, assistance for rural health care facilities, and the prevention or curtailment of smoking by minors.
Referred to the Committee on Agriculture & Consumer Affairs.

MONDAY, January 12, 1998

41

HR 735. By Representative Burkhalter of the 41st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may authorize local boards of education to receive and use for educational purposes no more than one-half of the proceeds of development impact fees imposed by counties and municipalities.
Referred to the Committee on Education.

HR 736. By Representatives Childers of the 13th, Perry of the llth, Smith of the 12th and Cummings of the 27th:
A resolution directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia.
Referred to the Committee on State Institutions & Property.

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

HB 1088 HB 1089 HB 1090 HB 1091 HB 1092 HB 1093

HB 1104 HB 1105 HB 1106 HB 1107 HB 1108 HB 1109

SjiDB i1TM09=5 HHBB 11009976
HB 1098 HB 1099 HB 1100 HB 1101 HB 1102 HB 1103

HUDB TM HB 1112
HB HB HR 648 HR 649 HR 703 SR 185

Representative Brown of the 130th arose to a point of personal privilege and addressed the House.

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

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

HR 737. By Representatives Stancil of the 91st, Smyre of the 136th and McBee of the 88th:
A resolution commending exceptional members of 4-H and inviting them to appear before the House of Representatives and recognizing the observance of 4-H Day at the state capitol.

HR 738. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A resolution honoring James Don Edwards, Ph.D., and inviting him to appear before the House of Representatives.

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JOURNAL OF THE HOUSE,

HR 739. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution recognizing and commending Dr. Michael F. Adams as the newly appointed president of the University of Georgia and inviting him to appear before the House of Representatives.
HR 740. By Representatives Franklin of the 39th and Parsons of the 40th: A resolution commending the Lassiter High School Marching Trojan Band and inviting them to appear before the House of Representatives.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 461. By Senators Perdue of the 18th, Walker of the 22nd and Scott of the 36th:
A resolution to notify the House of Representatives that the Senate has con vened.

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

HR 726. 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.
The President has appointed as a Committee of Notification on the part of the Senate the following:
Senators Perdue of the 18th, Walker of the 22nd, Hooks of the 14th, Starr of the 44th, and Dean of the 31st.

HR 727. 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.
The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Perdue of the 18th, Walker of the 22nd, Starr of the 44th, Hooks of the 14th, Egan of the 20th, Broun of the 46th, Dean of the 31st and Clay of the 37th.

HR 728. 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.
The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Perdue of the 18th, Walker of the 22nd, Starr of the 44th, Hooks of the 14th, Turner of the 8th, Clay of the 37th and Ragan of the llth.

MONDAY, January 12,1998

43

HR 729. 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 inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor.

HR 730. 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.

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 13, 1998

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 Barfoot Barnard Barnes
Bates Benefield
Birdsong Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Campbell
Canty Cash Channell
Childen Clark Coan Coleman, B Coleman, T ConneU Cooper Crawford Crews

Culbreth Cummings Davis, M
DeLoach, B DeLoach, G Dixon Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree Manner Harbin Heard Hecht Heckstall Hegstrom Henson
Holland Houston Howard Hudgens Hudson, H Hudson, N

Hugley Jackson James Jamieson Johnson
Johnston Jones Joyce Kaye Ladd Lakly
Lane Lee Lewis Lord Maddoi Mann Manning E Martin, J Martin, J.L Massey McBee McCall McClinton McKinney
Mills Mobley
Mosley Mueller O'Neal
Parham Parrish Parsons

Pelote Perry Pinholster Poag Ponder Porter Powell
Purcell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scailett Scheid Scott Shanahan Shaw Shipp Suns Skipper
Smith, C Smith, C.W Smith, L Smith, L.R
Smith, P

Smith, T Smith, V Snelling Snow StaUings Stancil, F Stancil, S Stanley, L Stanley, P Stephens Taylor Teague Teper Thomas Tillman Titus Tolbert Trense Turnquest Twiggs
Walker, L
Walker, R.L
Watson
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 Bailey of the 93rd, Sherrill of the 62nd, Bannister of the 77th, Polak of the 67th, Lucas of the 124th, Sinkfield of the 57th, Smyre of the 136th, Jenkins of the 110th and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by Dr. O. Eugene Tyre, Pastor, First Baptist Church, Newnan, 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 13, 1998

45

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

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

HB 1131. By Representatives Childers of the 13th, Martin of the 47th, Snow of the 2nd, Orrock of the 56th, Jones of the 71st and others:
A bill to amend an Act reorganizing the delivery of certain mental health and other services, so as to repeal a certain automatic repealer.
Referred to the Committee on Health & Ecology.

HB 1136. By Representatives Shipp of the 38th, Parsons of the 40th, Sauder of the 29th and McKinney of the 51st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances and sureties, so as to provide for the licensing and regulation of bail recovery agents.
Referred to the Committee on Special Judiciary.

HB 1181. By Representatives Epps of the 131st and Smith of the 102nd:
A bill to amend an Act reconstituting the Meriwether County Board of Edu cation, 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 1182. By Representatives Day of the 153rd, Hanner of the 159th, Breedlove of the 85th, Mueller of the 152nd and Stephens of the 150th:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to repeal certain provisions regarding river and harbor development; to provide for the regulation of maintaining navigation inlets, harbors, and rivers.
Referred to the Committee on Natural Resources & Environment.

HB 1183. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Anno tated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for rea sonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility.
Referred to the Committee on Education.

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HB 1184. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to program weights in the Quality Basic Education Formula, so as to provide for funding of foreign language instruction in primary, upper elementary, and middle grade programs.
Referred to the Committee on Education.

HB 1185. By Representatives Birdsong of the 123rd, Porter of the 143rd, Walker of the 141st, Skipper of the 137th and Connell of the 115th:
A bill to amend Code Section 20-2-302 of the Official Code of Georgia Anno tated, relating to funds for operation of schools for deaf and blind persons, so as to provide that employees of the state schools for the deaf and blind governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program the same as school teachers in the local public school systems of this state.
Referred to the Committee on Education.

HB 1186. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedures relative to appeals to the superior court, so as to change procedures relative to appeals from the magistrate court to the superior court.
Referred to the Committee on Judiciary.

HB 1187. By Representatives Day of the 153rd and Jenkins of the 110th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the provisions relating to the offense of fleeing or attempting to elude a police officer.
Referred to the Committee on Special Judiciary.

HB 1188. By Representatives Day of the 153rd, Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Pinholster of the 15th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, so as to change the burden of proof with respect to certain appeals.
Referred to the Committee on Ways & Means.

HB 1189. By Representatives Walker of the 141st, Skipper of the 137th, Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxa tion of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide resi dential transitional property.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 13, 1998

47

HB 1190. By Representative Childers of the 13th:
A bill to amend Code Section 40-2-21 of the Official Code of Georgia Anno tated, relating to registration periods for motor vehicles, so as to change the definition of registration period as applied to natural persons in counties not having four-month staggered or nonstaggered registration.
Referred to the Committee on Motor Vehicles.

HB 1191. 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 permit felons to vote 30 days after their release from confinement.
Referred to the Committee on Governmental Affairs.

HR 741. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution designating a portion of Georgia Highway 23 in Wayne County as the "Reddish-Warren Bypass".
Referred to the Committee on Transportation.

HR 742. By Representatives Walker of the 141st, Murphy of the 18th, Dix of the 76th, Day of the 153rd, Lee of the 94th and others:
A resolution to create the Blue Ribbon Commission on State Government Facilities.
Referred to the Committee on State Institutions & Property.

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

HB 1121 HB 1127 HB 1132 HB 1137 HB 1142 HB 1143 HR "44
HrlBii \1\1M4o HB 1147
HB n48
HB 1149 HB 1150 H ruRJ 1ii1o51l HB 1152 HB *
11115E4I HB 1155 HB 1156 HB 1157
HB 1158
HB 1159
HB 1160
HB 1161

HB 1162 HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168
THTBTJ i1-1t6in9
HB
TM TM Y"TTBJ
1176 HB 1177
Ha HB HB 1180 HR 720 HR 722 HR 731 HR 732

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HR 733 HR 734

HR 735 HR 736

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 rec ommendations:

HB 292 Do Pass, by Substitute HB 395 Do Pass, by Substitute

HB 458 Do Pass, by Substitute HB 742 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:

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

HB 336 Do Pass HB 381 Do Pass, by Substitute HB 442 Do Pass, by Substitute HB 443 Do Pass, by Substitute HB 724 Do Pass, by Substitute HB 759 Do Pass HB 780 Do Pass

HB 885 Do Pass HB 936 Do Pass HB 937 Do Pass HB 943 Do Pass HB 944 Do Pass, by Substitute HB 1081 Do Pass

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

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

Representative Brooks of the 54th 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 743. By Representatives Rice of the 79th, Coleman of the 80th and Johnston of the 81st:
A resolution recognizing and commending the Norcross High School Concert Band and inviting the band to appear before the House of Representatives.

HR 777. By Representatives Bannister of the 77th and Crews of the 78th:
A resolution inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives.

TUESDAY, JANUARY 13, 1998

49

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

I come before you today to present the final budget of my administration. A budget, as I see it, is both a reflection of the state's priorities and a tool for implementing them. And I want to begin by thanking you for the careful consideration you have given to the previ ous budgets I have laid before you. We have not always agreed on exactly what should be in those budgets. But I have always had a great deal of respect for your positions. And I am always mindful that while governors may advocate, it is legislators who appropriate.
It was almost four decades ago that I first sat in this chamber as a legislator, and listened to a Governor explain his budget. He had not been into it three minutes before I was thinking of how I would have done it differently. I know how you think. I have sat where you sit.
But today we cannot think of the Georgia of nearly four decades ago. We must think of the Georgia four decades in the future.
Together we have set a course for this state that has met the very highest tests of fiscal responsibility. When I took office as governor in 1991, our rainy day reserve fund was bone dry- Today its cup runneth over. And for the first time in many years, it will be full for an incoming Governor.
This year, Georgia became one of only a handful of states to have Triple-A bond ratings from all three of the top bond rating services in the nation -- a "triple triple-A." These outstanding ratings are a reflection not only of our ability to manage debt responsibly, but also of our willingness to establish clear priorities and invest wisely in the critical infrastructure and resources Georgia needs to prosper in the future.
But one thing about progress -- there's always more of it to be made.
As you look through this budget report, you will find something new. As we imple mented budget redirection to focus our resources on priority programs that work, we have also begun what I call "results based budgeting." For every budgeted program, you will see in writing the results that state agencies are hoping to achieve. I believe that putting our expenditures and our anticipated results hand-in-hand will help us do a better job of meeting the needs of Georgia's citizens.
The budget before you for Fiscal Year 1999 totals $12.5 billion. Of that, $11.8 billion is projected to come from taxes and fees, which is a 6.6 percent budget increase; $530 mil lion will come from lottery proceeds; and $149 million will come from the Indigent Care Trust Fund.
This budget reflects $334 million in tax cuts: $129 million from removing the final cent of state sales tax from groceries, and $205 million from the income tax cut proposed by the unified Democratic leadership.
This tax cut proposal, which would take effect January 1st of this year, would increase the standard exemptions for both individuals and dependents to $2,700. The proposal

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would also raise the deduction for citizens over age 65 from $700 to $1,300. It will be the second time this administration has provided income tax relief for Georgia's senior citi zens.
This tax cut will touch every Georgia citizen who is represented on a personal income tax form -- an estimated 5.2 million people. It will reduce the tax bill for a family of four by $168. This is a 15 percent income tax cut.
It will be the second largest tax cut in Georgia history, surpassed only by the removal of the state sales tax from groceries, which, as I said, we are simultaneously completing in this same budget. When you add in the income tax cut of 1994, we will have enacted the three largest tax cuts in Georgia history within a five-year time span. Together they provide nearly $900 million in tax relief for Georgia citizens.
In your budget document, there is a bar graph that shows how the money in this budget is distributed. As always, the largest share is devoted to education. And I am proud to say that during this administration we have not only increased the number of dollars the state devotes to education, but also the percentage of the budget.
Education accounts for 56.5 percent of this budget. And if you add in capital outlay, it is more than 57 percent. Some of it, of course, is due to the lottery. But exclude the lot tery, and we have still increased both the dollars and the percentage of the general fund money that goes to education.
Children learn in the classroom. And if we want excellence in the classroom, we must be able to compete for the best teachers. So the largest expenditure in this budget is $275 million to provide the fourth consecutive 6 percent pay raise to teachers in our public schools, technical institutes, colleges and universities. This fulfills the pledge I made four years ago.
Our public school teachers' salaries now are the highest in the Southeast, and, according to the Southern Regional Education Board, we are now poised to overtake the national average in the 1999 school year. If all the local systems had done their part, we'd already be there.
There is also $3.7 million for our teacher Pay for Performance program, and it has been exciting to see this program grow. Any school that wants to participate, sets its own goals at the beginning of the school year for improving student achievement. If they achieve those goals by the end of the school year, they receive an award equal to $2,000 for each teacher at the school. And they get to decide how to spend that money, no strings attached.
This budget also includes a 15 percent salary supplement for all Georgia teachers who become nationally certified. This will be the largest supplement given by any state in the nation.
For the past several years, we have been concentrating on funding educational technol ogy. And the lottery has provided more than $600 million for satellite dishes, classroom computers, media center CD-ROMs and Internet connections in every school. That was important. It was technology that our schools and libraries had to have.
But while we have been spending these hundreds of millions of new lottery funds needed for technology, we have not increased funds for that most fundamental learning tool of all -- a book.
So I am proposing that in this legislative session we buy one million new books for school media centers and public libraries. The supplemental budget has $10 million to pur chase 600,000 new books for all our public libraries. This budget includes $5.2 million, which, combined with other existing funds, will buy 400,000 books for our school media centers. One million new books; it's a good investment!

TUESDAY, JANUARY 13, 1998

51

This budget also contains close to $20 million to provide grants for reading programs for our children. During the past three years, the Department of Education has piloted "Reading First," a very successful in-school reading program that includes specific training for teachers, high-quality materials and time that students devote exclusively to reading. It has been a high priority of Superintendent Schrenko and the board. This budget builds on that fine program with $9 million for 500 more schools to implement "Reading First" in the early grades.
And we want to complement it with an after-school initiative that will start about fourth grade and go through middle school to catch up with those kids we missed. We have already been providing some funds to support after-school programs for middle-schoolers, who otherwise would be latch-key kids who might be tempted to get in trouble if left to their own devices.
These after-school programs are usually a combination of academic time for homework and community service. We want to provide grants to after-school program providers, both public and private, to include a reading program. And we hope that the availability of these funds will stimulate additional providers to undertake after-school programs for our children.
During this administration, public school enrollments have increased by more than 20 percent. And next year it will take an additional $118 million just to catch our QBE for mula up to enrollment growth.
We also need classrooms for all of these students. So I am recommending over $114 mil lion for construction in 35 school systems in this budget, which is in addition to $79 mil lion for construction in 45 systems in the supplemental budget.
Operating costs continue to rise for our schools, so $9 million is included to provide an increase of $7 per student in the maintenance and operation funds under the QBE for mula.
Enrollments at our University System institutions also continue to grow, and an addi tional $10 million is needed to fund the formula for another year.
A great University System requires a great faculty. When I took office, Georgia's faculty salaries ranked 5th among the southeastern states. Since then, we have raised faculty sala ries well over 33 percent and now stand poised to rank first.
These salary increases have helped us retain outstanding faculty like Anne Hudson of Armstrong Atlantic State University, the 1996 National Faculty Member of the Year.
It has also allowed us to attract the best and brightest new faculty. The National Sci ence Foundation, for example, ranks Georgia Tech number one in the nation in attracting top new young science faculty. MIT comes in second.
And the Georgia Research Alliance has lured 24 eminent scholars to Georgia to help with high tech economic development.
These fine faculty members are finding more and more students to teach. When I took office, the University System enrolled 180,000 degree students. Today it enrolls over 205,000. We've added 25,000 students, the equivalent of another Georgia State University. That's like adding the combined populations of those two great Georgia cities of Americus and Eastman!
I'm especially proud that we've increased opportunities for African-Americans. In that same time period, their enrollment increased from 28,000 to 45,000 -- an increase of 56 percent. African-Americans now represent 22 percent of our student enrollment. This encouraging trend promises to help Georgia have a bright economic and social future.
And our students have done us proud: Ivy Cadle of East Georgia College was named by USA TODAY as a 1997 first-team All USA Academic Team member -- one of only 20

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students in the nation. UGA student Rob Sutherland and Georgia Tech student Ayodele Embry were winners in 1996.
Amy Lucas of Middle Georgia College won the highest honor awarded to a student ath lete by the National Junior College Athletic Association for her combination of a 4.0 grade-point average and championship tennis.
Christopher Richardson graduated from Savannah State University with a double major in math and chemistry, and received $330,000 in scholarships to finance his graduate studies toward a doctorate.
And the University of Georgia boasts two recent Rhodes Scholars -- Scott Herschovitz in 1998 and Rob Sutherland in 1996. Only 32 Rhodes Scholars are selected nationwide each year.
These students have studied in new and newly renovated buildings. When I became Governor, the University System was receiving $12.9 million a year for renovations and repairs; today, it receives $41 million.
If you approve the capital outlay in this budget, we will pass the $1 billion mark in new construction for the University System during this administration.
We've also established distance learning classrooms which have made possible everything from telemedicine to degree courses in remote locations. We now have degrees offered entirely by computer.
In every corner of this state you can find an electronic wonder called GALILEO, which has become a national model. It is a working electronic library system that has already recorded over 3 million hits while other states are still wondering what to do.
There is $6 million dollars in the budget to upgrade technology infrastructure, including a million dollars to train University System faculty and staff in the use of technology.
You are all aware that the University System is raising its admission standards. And this budget includes $2.8 million for "Partners in Success," a program to prepare students, beginning in high school and even in middle school, to be able to meet those higher stan dards.
Seventy percent of the jobs being created do not require college degrees, but do require technical skills. So, early in this administration, we set a goal of a tech school facility within 45 minutes driving time of every Georgia citizen. With the opening of the satellite facilities now under construction, we will achieve that goal. Now we must equip and staff these new facilities as they open and begin to serve our citizens.
In the future, I'd like for it to be where students don't even have to leave home for tech nical education. So, there is $500,000 in the budget to begin creation of a virtual technical institute. Web-based instruction will allow students to interact with teachers and classmates from their computers at home or at work.
We have also achieved our goal of having at least one full-time adult literacy teacher in every county in Georgia, and we are turning out GED graduates by the thousands. But we still have a long way to go, because we started out with a high proportion of adults who never completed high school.
I want to continue to expand our adult literacy programs by hiring 110 part-time instructors to improve the delivery of instructional services in local communities.
As I mentioned earlier, we are anticipating $530 million in lottery proceeds for next year, bringing the grand total of education funds from the lottery to more than $3 billion -- money for programs and improvements we would never have otherwise had.
$218 million is for our award-winning pre-kindergarten program. This amount provides for an additional 2,000 slots, and expands the assistance for pre-K families who are at risk.

TUESDAY, JANUARY 13, 1998

53

The HOPE Scholarship Program is allocated $213 million. And beginning this school year, home schoolers who finish their freshman year of college with at least a B average, will be reimbursed for the cost of tuition, fees and the book allowance at a public college, or the $3,000 HOPE scholarship at a private college. Then, beginning with their sopho more year, home schoolers will be on the same footing as all other HOPE scholars.
The final category for lottery funds is educational technology and special capital outlay, which totals $91 million: $28 million will provide our schools with an allocation of $22 per student to be used for equipment or technology-related teacher training. $18 million will provide equipment for those new technical institute satellite facilities I have already men tioned. And $15 million goes into the Equipment, Technology and Construction Trust Fund of the University System. This very successful matching fund enables our colleges and universities to leverage private donations in a dollar-for-dollar match.
I also want to continue our efforts to leverage private funds to endow faculty chairs at our colleges and universities. We began doing that for eminent scholars at our research universities. And it has proved a good way to help attract top-flight faculty.
I believe our other University System units can do the same thing. So I proposed $2 million in matching funds in the supplemental budget to endow two faculty chairs at Macon College, and one each at Columbus State University and Armstrong Atlantic State University in Savannah.
As Governor, I spend most of my time on job creation. Not a day goes by that I am not doing something to try to get more and better-paying jobs in Georgia. And I have con stantly wrestled with how to better address the unique characteristics and needs of the various parts of this diverse state of ours. Over and over, in dozens of regional meetings, I have listened to the advice of local public and private leaders. And what I am proposing in this budget is the result of what I have heard.
It is the largest single allocation of state resources in Georgia history to assist rural areas with economic development and to provide comprehensive, one-stop economic and commu nity assistance at the regional level. It is a joint effort between the Departments of Com munity Affairs and Industry, Trade and Tourism, and the funding is divided between these two departments.
We are in the process of identifying 11 state economic development regions that will cover all of Georgia outside of metre Atlanta. Each one will have an economic development team whose core will be two employees from the Department of Community Affairs and two employees from the Department of Industry, Trade and Tourism. And one of them will focus on workforce development.
Other state agencies like Labor, Technical and Adult Education, the University System, Defense and Human Resources will all cooperate and coordinate their economic develop ment efforts in the region through the regional team.
So that communities and businesses will no longer have to work independently with five or six different state agencies, but can go to one place in the region for the state economic development resources they need.
Georgia is one of the top two states in the nation in the state funds we invest in research and development. And, largely because of that, we led the nation last year in the creation of new high-tech jobs. I proposed $42 million in the supplemental budget for the Georgia Research Alliance to expand and strengthen our ability to commercialize the dis coveries that come from those research labs.
Today, our focus shifts to the companion program of the Research Alliance -- the Tra ditional Industries Research Program. First, you should know that there is no other pro gram like this one anywhere in the United States. Many states are investing in high-tech research, but no other state has the kind of broad-based, ongoing research program serving their traditional manufacturing base that Georgia has.

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Historically, three manufacturing industries have formed the bedrock of Georgia's econ omy: pulp and paper, food processing, and textiles and carpet. Combined, they employ a quarter of a million Georgians -- nearly half of our manufacturing workforce.
The Traditional Industries program is a public-private partnership in which each indus try identifies problems that are critical to their competitiveness, and then works closely with faculty at Georgia colleges and universities to solve those problems. Let me briefly give you three practical examples.
Currently, Georgia manufacturers use warehouse pallets made of wood that weigh about 67 pounds. But now, new federal safety regulations mandate that no pallet can weigh more than 57 pounds. So Traditional Industries researchers developed a new composite material from plastic and carpet and textile waste scraps that is as durable as wood, but much lighter in weight.
Another: Wastewater is an important problem for all of these industries. So, our researchers designed and helped install a closed-loop wastewater treatment system at a textile mill near Griffin. It is the first of its kind, and has helped cut the mill's wastewater discharge in half.
You may also remember the recent alarm over beef that was infected with E-coli bacte ria. Here in Georgia, researchers have developed a new cattle vaccine against E-coli. And they are working with the PDA right now to get it on the market.
These are just three examples of the practical ways in which the Traditional Industries Research Program is serving the pulp and paper, textile and food processing industries of Georgia. So, you will find more than $7 million in this budget to expand the activities of this important research program, bringing the total state investment to more than $34 mil lion. And remember, these funds are matched by private sector investment from the com panies who benefit from the research.
A fundamental part of the state's role in economic development is maintaining our infrastructure. And we've done a good job. Our highways have been ranked first in the nation, and I have proposed another $135 million to continue expanding our network of four-lane economic development highways.
And, once again, to ensure that the large trucks on our highways meet all state and fed eral safety regulations, I recommend ten new enforcement officers who will be assigned to monitor trucks in high traffic areas, something that is greatly needed. The federal govern ment will pay 80 percent of the cost, so we need only $157,000 in state funds.
You will also find over $17 million for our ports for navigation improvements at Savannah, and for the preliminary study and design work on channel deepening projects at both Savannah and Brunswick. Brunswick's channel is only 30 feet deep, far less that most ports on the South Atlantic. Savannah's channel is now at 42 feet, but our toughest competitor, Charleston, has begun preparations to deepen its channel to 45 feet, and we can't let them get ahead of us.
I am again recommending $10.5 million to plan and design phase four of the World Con gress Center. Right now, this facility is one of the top five convention centers in the United States, and it generates a lot of money for the City of Atlanta and the State of Georgia. But the demand for floorspace from supershows is growing, and if we want to remain one of the nation's leading convention destinations and keep those jobs that go with it, we must build that fourth phase. It is as simple as that.
Finally, in infrastructure investment, there is another $20 million in bonds to provide water/sewer loans to local governments throughout the state, increasing our revolving loan fund by $180 million during this administration.
In the area of human resources, the most important program in this budget proposal is the new Children's Health Insurance Program -- CHIP for short. It will leverage federal

TUESDAY, JANUARY 13, 1998

55

matching funds, and could provide health coverage for as many as 228,000 Georgia chil dren.
Here's how it would work: CHIP will expand Medicaid coverage for pregnant women and children from birth to age five, up to 200 percent of the federal poverty level, which is $32,100 a year for a family of four. This expansion will cover 24,000 more of our youn gest children plus 1,700 pregnant women.
Children ages six to eighteen will continue to be covered under Medicaid, as they are now, up to 100 percent of the federal poverty level, or $16,500 for a family of four. Then, school children with family income between $16,500 and $32,100 for a family of four, will be covered under private health insurance plans administered by the Merit System. The premiums will run about $7.50 a month or 25 cents a day. This could cover 88,000 children who are presently uninsured.
Finally, parents of all other uninsured Georgia children whose income is above $32,100 for a family of four, will be able to buy into the private health insurance plan at cost.
Some people have asked, "Why don't we just do a Medicaid expansion?" Let me try to answer that. By using both Medicaid and private insurance, we can get the best of both worlds. I believe that for three reasons:
First, according to teachers, dental and vision problems are among the health problems that interfere most with learning. Designing our own insurance plan allows us to incorpo rate dental and vision care and other preventive services school-age children need for learning. At the same time, Medicaid will give our youngest citizens the type of services they need in their first five years of life.
Second, we can offer a private insurance package to those 116,000 Georgia children who are above 200 percent of the poverty level, but nevertheless lack health insurance. This option would not be available with a Medicaid expansion, and the health of these children is important, too.
Third, federal funds for this program are expected to decrease four years from now. This plan anticipates future changes and has long-term durability and adaptability.
Its implementation will require the Department of Medical Assistance to expand its existing program for pregnant women and pre-school children to include families up to 200 percent of the poverty level. And I wanted the Merit System to be involved with the insur ance program, because they have a track record of providing health insurance for 500,000 state employees, public school teachers and their dependents.
It has not been easy, but the thrust of this administration has been to contain Medicaid costs, which during the years before I became Governor had been rising at the astronomi cal rate of 10 to 15 percent a year. I also wanted to curb Medicaid fraud, which had become a disgrace.
We have reduced Medicaid cost increases to about 2 percent a year, which is in line with inflation. And we have recovered over $6 million in fraudulent claims from 61 fraud con victions since 1994. For every one dollar we have spent on fraud investigation, we have returned eight dollars to the state treasury, and in the process we have discouraged a lot of contemplated fraud.
There are hundreds of millions, perhaps billions of dollars being lost on fraud on the national level, and it's outrageous that more is not being done about it.
To continue Georgia's momentum on dealing with fraud and abuse, I am including $3.5 million in this budget to create a 50-person fraud and abuse unit, which will have as one of its chief responsibilities detecting the fraud before the claims are even paid.
As a result of these cost-saving measures, we have been able to expand Medicaid cover age for children three times during this administration, including this latest expansion for our tiniest citizens.

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And while I'm on children, I want to tell you about another initiative I'm proposing and am very excited about. We know that a baby's brain continues to form after birth, not just growing bigger as toes and fingers do, but developing microscopic connections respon sible for learning and remembering.
At birth, a baby has 100 billion or more neurons forming more than 50 trillion connec tions, or synapses as they are called, which sounds like a lot. But during the first months of life, the number of synapses increases 20 times to more than 1,000 trillion. This amazing growth allows a baby to do all kinds of miraculous things, from focusing its eyes on an object to shaping the word "Da-da."
The new research on brain development in babies is unbelievable. Time devoted a spe cial issue to it, and I recommend its reading. I have a lot of research I'd be glad to share with you. Enrichment clearly makes a difference in brain development.
In October we had an early childhood development seminar for teachers, medical profes sionals, staff of our state agencies that work with children, and businesses with products and .services for tiny customers. It was fascinating.
Why am I telling you all this in a speech that is already far too long? Because I want to propose something extraordinary that I don't think any other state does. And it is this. Research shows that reading to an infant, talking with an infant and especially having that infant listen to soothing music helps those trillions of brain connections to develop, espe cially the ones related to math.
There is research that links the study of music to better school performance and higher scores on college entrance exams. There's even a study called the "Mozart effect" that showed after college students listened to a Mozart piano sonata for 10 minutes, their IQ scores increased by nine points. Some argue that it didn't last, but no one doubts that listening to music, especially at a very early age, affects the spatial-temporal reasoning that underlies math, engineering and chess.
So I propose that the parents of every baby born in Georgia -- over a 100,000 a year -- be given a cassette or CD of music to be played often in the baby's presence. It's not a big-ticket item in the budget -- only $105,000 -- but I believe it can help Georgia chil dren to excel.
I have asked Yoel Levi, the world-famous conductor of the Atlanta Symphony, to help me with the musical selections for the tape, although I already have some ideas. For instance, here's one that a Georgia baby might hear.
That, of course, is Beethoven's "Ode to Joy." Now don't you feel smarter already? Smart enough to vote for this budget item, I hope.
As I reported last week, we have been very successful in helping Georgians move off the welfare rolls and into the job market -- a decrease of 57,000 households since we began welfare reform, and a 25 percent decline in just the past year.
However, the ones who remain on the rolls are those with the fewest skills and the least work experience. So we want to use $30 million of the savings to expand the Welfare-towork program for hard-to-place recipients, and provide child care for an additional 12,625 children.
This budget also includes more than 16 million new dollars -- the most ever -- to improve foster care and expand adoption, which have been two major efforts of this administration.
Last fiscal year we placed a record high 744 children for adoption, and our new State Office of Adoptions has doubled the number of private adoption agencies it has under con tract to place children. It has created one of only seven Websites in the nation to showcase Georgia's waiting children to a wider audience of prospective parents. A major part of our program is to place 550 special needs children.

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57

We also continue to improve and expand our community-based services for the mentally ill and mentally retarded. Nearly $15 million is redirected from state hospitals into com munity services, in accordance with the hospital reallocation formula to provide services for the mentally ill and for substance abusers.
When I became Governor, community-based services for severely emotionally disturbed children, or SEDs, were available in only two counties. But with this budget, service for severely emotionally disturbed children will be available in every county of the state.
When I became Governor, less than half of the state had any community-based services for chronically mentally ill adults or CMI. With this budget, CMI services will, for the first time, also be available statewide.
As a result of these expanding community-based services, admission to our 10 state men tal hospitals has declined by 28 percent. This is why we will be able to close the Georgia Mental Health Institute, freeing up $22 million. $12 million will be used to complete state wide CMI funding, and $10 million will go for needed services at the remaining state hos pitals.
During this administration, we have also increased the number of community place ments for mentally retarded citizens. Slots under Medicaid waivers have risen from 119 to over 2,500.
As promised, the money from closing Brook Run was first used to fund community placements for residents, or other institutional care for those too fragile to go into the community. And then, after providing for all 326 Brook Run residents, we were able to offer community-based care to 206 additional persons with mental retardation who, before, were not even being served.
In addition I am proposing that we continue our community-based services for the elderly. $5.5 million in this budget will provide services for an additional 2,000-plus indi viduals under Medicaid and over 900 elderly clients who are not Medicaid eligible. During my administration funding for services for the elderly has increased over 80 percent.
Early in this administration we started The Family Connection, which provides a struc ture for local communities to coordinate their resources to meet the needs of at-risk fami lies. Each local community tailors its efforts to meet its own particular needs. It has worked well, so we have been gradually expanding The Family Connection until, with this budget, it will be active in every county of the state, making a difference in the quality of life for families and children who are at risk. This is another $3 million well spent.
As violent crime by juveniles increases, we are struggling to find places to put all of the juveniles committed to our care. My supplemental budget contains 550 new juvenile beds. And in this big budget I am recommending nearly $23 million to annualize those beds and open more -- a total of almost 1,200 new beds at six facilities.
I am also recommending planning funds for a new RYDC in Albany. These new and expanded facilities will bring the number of YDC beds to over 3,300 and the number of RYDC beds to nearly 1,500 by FY 2001.
But we must do more than just lock up juveniles. So I propose over $2 million to expand education programs, giving all children in the RYDC system five and a-half hours of edu cation every school day.
This budget contains the $600,000 needed to match $1.6 million in federal funds for the Department of Defense's Youth Challenge Program. The 9th class of 186 students gradu ated last Saturday. These funds will serve another 350 students next year.
Once again, the Corrections Department budget opens more new beds. Ten million dol lars will annualize the operating cost for 1,344 new beds opening at five new prisons -- Wilcox, Washington, Smith in Tattnall County, Macon and Coastal. Another 1,500 new

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beds will come on line as three new private facilities open in Coffee, Charlton and Wheeler Comities. And another $2.4 million will annualize the operating cost of 768 new beds for Pulaski State Prison and Augusta State Medical Prison.
The opening of all these beds brings the total number of new prison beds we have made available during this administration to 20,717. That is a Georgia record. And, make no mistake about it, were it not for this dramatic increase, it would be pointless for anyone to even talk about abolishing parole.
I want to further expand inmate access to educational instruction. So there is a million dollars for 17 existing prison-based distance learning sites and seven new sites.
Remember all those editorials and dire comments about how it wouldn't work when we moved education programs to the evening after the prison workday was over, and added distance learning?
Today I am pleased to report that in the first six months, inmates utilized virtually all of the distance learning hours we made available to them. And they did it mostly in the evening, after the prison work day was over. There has been a 75 percent increase in the number of those participating in classes, and a 58 percent increase in the number of inmates taking the GED exam. Next year, with the addition of these seven new sites, we expect GED exams to double compared to a year ago.
There is also $2 million to hire another 80 probation officers to allow the department to place more emphasis on supervision of the highest risk probationers.
As violent crime increases, so does our need for improved facilities at our crime labs. In the supplemental budget, I recommended funds to double the number of counties with terminals for our APIS computer system. These terminals allow law enforcement officers to do automated fingerprint checks and to tap into the state's database of criminal finger prints.
In this budget, there is $1.2 million for a morgue building adjacent to the State Crime Lab. It is greatly needed to relieve overcrowding at the lab and allow medical examiner services to be expanded.
Two years ago, I announced the successful completion of Preservation 2000, which has preserved over 100,000 acres of wildlife habitat, beautiful natural features and green space for the enjoyment of our citizens.
And then, we immediately began RiverCare 2000, to protect more of Georgia's river cor ridors. In this budget is $20 million in bonds for RiverCare, bringing the total state fund ing for this program to $43.4 million.
Much of this money will purchase tracts of land along the Chattachoochee River between White County, where it is a clear, rushing mountain stream, and Muscogee County, where it forms the boundary between Georgia and Alabama.
I don't have to tell any of you that the Chattachoochee is one of the most abused rivers in the nation. This initiative will help promote water quality, protect wildlife habitat, limit development in flood-prone areas, and provide public access for boating, fishing and other recreational uses. It could also, and this is very important, leverage significant amounts of private, local and federal money for protecting this important river corridor.
And the state will work closely with local governments, the federal government and national organizations like The Conservation Fund, The Nature Conservancy and the Trust for Public Land, in this major effort to preserve the mighty Chattahoochee.
Along with this funding, you will find bonds in the budget for the construction of the West Georgia reservoir, because the water supply needs of the western part of the state

TUESDAY, JANUARY 13, 1998

59

are growing increasingly critical. We are all aware that this project presents some environ mental considerations, so there is specific language dictating that all state and federal reg ulations, including the water compact recently approved by Congress, must be met before the bonds are sold.
And speaking of Georgia's waterways, as more Georgians take to the water, we have been experiencing an increase in boating accidents. DNR will ask you to strengthen the law on reckless boating and boating under the influence of alcohol or drugs. But we also need to be able to enforce the law. So you will find funding in the Department of Natural Resources for 20 more law enforcement officers to patrol our waterways.
I also want to strengthen the Environmental Protection Division with 26 new positions to improve the management of our water resources and implement our water compacts with Alabama and Florida.
Last, but certainly not least, this budget also includes funds for the second year of Geor gia Gain, a pay for performance system for state employees. This system allows us to base salary increases on merit and performance. The days of automatic, across-the-board increases in Georgia are gone. We now have a process which allows us to reward and retain high performers.
This has been an extremely long speech, even by Miller standards, and I can tell that I am about to be drowned out by the music of growling stomachs, which, unlike Mozart, is not likely to make us any smarter.
So I close with one of my favorite quotes from Abraham Lincoln, speaking to his legisla ture, "The dogmas of the quiet past are inadequate to the stormy present... As our case is new, so must we think anew and act anew."
On the cusp of another General Assembly, on the cusp of another century, on the cusp of a new millennium, we in Georgia are called to think and act not from the dogmas of the past, but to continue our vision of the future. That, my friends, is what this budget does.

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 adopted:

HR 745. By Representatives Stancil of the 91st, Hudson of the 156th and Scott of the 165th:
A resolution commending Geary Bush.

HR 746. By Representatives Murphy of the 18th, Stallings of the 100th and West of the 101st:
A resolution commending the first responders, emergency medical techni cians, cardiac technicians, and paramedics of Georgia and observing the first annual Emergency Medical Services (EMS) Recognition Day.

HR 747. By Representative McCall of the 90th: A resolution commending Ryan M. Wiles.

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HR 748. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A resolution commending the Athens-Clarke County Department of Police Services and Chief Joseph H. Lumpkin on re-accreditation by the National Commission on Accreditation for Law Enforcement Agencies.

HR 749. By Representatives Buck of the 135th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Smyre of the 136th and others:
A resolution paying tribute to Roberto C. Goizueta.

HR 750. By Representatives Smith of the 175th, Smith of the 169th and Dixon of the 168th:
A resolution commending D. Ray James on the occasion of his retirement and 85th birthday.

HR 751. By Representatives Crawford of the 129th, Reaves of the 178th, McBee of the 88th and Ray of the 128th:
A resolution commending Mrs. Jane Ashley.

HR 752. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Frankie Wilson Chapman.

HR 753. By Representative Smith of the 175th: A resolution commending Lisa Bickmore.

HR 754. By Representatives Mann of the 5th and Hammontree of the 4th: A resolution commending Wes Taylor.

HR 755. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd:
A resolution commending Danielle Blankenship.

HR 756. By Representative Smith of the 109th: A resolution commending Will Fletcher.

HR 757. By Representative McCall of the 90th: A resolution commending Walter Brock Boyd.

HR 758. By Representative McCall of the 90th: A resolution commending William Coleman Fannin.

HR 759. By Representative McCall of the 90th: A resolution commending Clinton J. Dye.

HR 760. By Representative Stancil of the 91st: A resolution commending Chase McKissick.

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61

HR 761. By Representative McCall of the 90th: A resolution commending George Wallace Edwards III.

HR 762. By Representatives Wiles of the 34th, Shipp of the 38th, Franklin of the 39th, Grindley of the 35th, Manning of the 32nd and others:
A resolution commending the Walker School Wolverines Men's Soccer Team.

HR 763. By Representative Purcell of the 147th:
A resolution commending the congregation of the First Baptist Church of Springfield upon the event of its 150th year homecoming.

HR 764. By Representative McCall of the 90th: A resolution commending Wesley Steven Phelps.

HR 765. By Representative Barnard of the 154th: A resolution recognizing and commending Kibbie Richardson.

HR 766. By Representative Campbell of the 42nd: A resolution honoring Honorable W. L. "Pug" Mabry.

HR 767. By Representative Massey of the 86th: A resolution recognizing and commending Justin Barnette.

HR 768. By Representative Coleman of the 142nd: A resolution commending Trayvis Manual.

HR 769. By Representative Barfoot of the 155th: A resolution recognizing and commending Natalie Stewart.

HR 770. By Representative Byrd of the 170th: A resolution recognizing and commending Derek Shumans.

HR 771. By Representative Birdsong of the 123rd: A resolution commending Brandelyn Scott.

HR 772. By Representatives Smith of the 169th and Smith of the 175th: A resolution recognizing and commending Brand! Thornton.

HR 773. By Representative Pinholster of the 15th: A resolution recognizing and commending Justin Brooks.

HR 774. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution recognizing J. B. Eason for his distinguished public service.

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HR 775. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution commending Debra Peabody, Henry County's 1997 Teacher of the Year.

HR 776. By Representatives Bannister of the 77th and Crews of the 78th: A resolution commending the Parkview High School Panthers football team.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 737 Do Pass HR 738 Do Pass HR 739 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 follow ing recommendations:
HB 1161 Do Pass HB 1162 Do Pass
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 14,1998

63

Representative Hall, Atlanta, Georgia Wednesday, January 14, 1998

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

Andereon Ashe Bannister
Barnard
Barnw
Bates Benefield Birdsong Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Cash Channel! Childers Clark Coan Coleman, B Coleman, T Connell Crawford

Crews Culbreth
DeLoach, B DeLoach, G Dobbs Dukes Ehrhart Epps Evans Everett Floyd Franklin Golden Graves Greene Grindley Hammontree Harbin Heard Hecht Heckstall Henson Holland Houston Howard EHudgens Hudson, N Hugley

Jackson James Jamieson Johnson Johns ton Jones Joyce Kaye Ladd Lakly Lane Lewis Maddox
Mann
Manning
Martin, J Martin, J.L Massey
McBee
McCall McClinton McKinney Mills Mobley Mosley Mueller O'Neal Parham Parrish

Pelote Perry PinhoUter Poag Porter Powell Purcell Ragas Randall Ray Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett EScheid Scott Shaw Shipp Sims Sinkfield Skipper Smith, C Smith, L Smith, L.R

Smith, P Smith, T Smith, V SnelUng Snow Stancil, F Stancil, S Stanley, L Stanley,? Stephens Taylor Teper Thomas
Tillman
Titus Tolbert Trense Tumquest Twiggs Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, R Worthan Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Bailey of the 93rd, Sherrill of the 62nd, Smith of the 19th, Hudson of the 120th, Shanahan of the 10th, Stallings of the 100th, Cooper of the 31st, Parsons of the 40th, Ponder of the 160th, Irvin of the 45th, Williams of the 63rd, Davis of the 48th, Lee of the 94th, Hanner of the 159th, Davis of the 60th, Polak of the 67th, Dix of the 76th, Dixon of the 168th, Lord of the 121st, Lucas of the 124th, Orrock of the 56th, Day of the 153rd, Buckner of the 95th and Teague of the 58th.
They wish to be recorded as present.

Prayer was offered by the Reverend Kenneth Samuel, Victory Baptist Church, Stone 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.

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

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

HB 1115. By Representative Thomas of the 148th:
A bill to amend Chapter 33 of Title 31 of the Official Code of Georgia Anno tated, relating to health records, so as to allow a patient's personal represen tative to obtain health records in certain circumstances.
Referred to the Committee on Judiciary.

HB 1117. By Representatives Everett of the 163rd, Roberts of the 162nd, Hecht of the 97th, Williams of the 83rd, Davis of the 60th and others:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to prohibit a person from taking, assuming, or using the identity, name, birth date, social security number, or identification of another person without the con sent of that other person and with the intent to obtain or use the other per son's identity for any unlawful purpose or to cause financial loss to the other person.
Referred to the Committee on Special Judiciary.

HB 1129. By Representatives Everett of the 163rd, Dukes of the 161st, Roberts of the 162nd and Bridges of the 9th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to permit a special election to present a question to the voters to be held on the date of a local election in certain circumstances.
Referred to the Committee on Governmental Affairs.

HB 1135. By Representatives Kaye of the 37th, Ehrhart of the 36th, Coleman of the 80th, Bunn of the 74th, Wiles of the 34th and others:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Anno tated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
Referred to the Committee on Education.

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65

HB 1140. By Representatives Smith of the 109th, Howard of the 118th, Orrock of the 56th, Bordeaux of the 151st, Alien of the 117th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the provi sions relating to rate of employer contributions; to provide that each new or newly covered employer which has implemented a certain drug-free workplace program shall pay contributions at a rate of 0.2 percent lower than certain other rates specified.
Referred to the Committee on Industrial Relations.

HB 1141. By Representative Joyce of the 1st:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle drivers' licenses, so as to change certain pro visions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements.
Referred to the Committee on Motor Vehicles.

HB 1192. By Representatives Crews of the 78th, Ehrhart of the 36th, Irvin of the 45th, Evans of the 28th, Williams of the 63rd and others:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Anno tated, relating to definitions applicable to such Code, so as to define the term "dependent".
Referred to the Committee on Judiciary.

HB 1193. By Representatives Crews of the 78th, Ehrhart of the 36th, Irvin of the 45th, Evans of the 28th, Williams of the 63rd and others:
A bill to amend Code Section 36-35-4 of the Official Code of Georgia Anno tated, relating to compensation and benefits for employees and members of governing authorities of municipalities, so as to define the term "dependent" as it applies to benefits for employees and members of governing authorities.
Referred to the Committee on Judiciary.

HB 1194. By Representative Hammontree of the 4th:
A bill to amend Code Section 20-2-155 of the Official Code of Georgia Anno tated, relating to the school climate management and in-school suspension programs, so as to require written notice to a student's parent or guardian of the student's assignment to in-school suspension.
Referred to the Committee on Education.

HB 1195. By Representative Floyd of the 138th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to authorize the State Board of Registration for Foresters to adopt a code of professional ethics for foresters and thereby define unethical practice or conduct for certain purposes.
Referred to the Committee on Natural Resources & Environment.

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HB 1196. By Representatives Wiles of the 34th and Richardson of the 26th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Anno tated, relating to process, so as to change a provision relating to who may serve process.
Referred to the Committee on Judiciary.

HB 1197. By Representatives Wiles of the 34th and Richardson of the 26th:
A bill to amend Code Section 5-6-48 of the Official Code of Georgia Anno tated, relating to grounds for dismissal of appeal, amendments, correcting or supplementing record or transcript, effect of dismissal upon cross appeal, and effect of deficiencies upon consideration of appeal, so as to provide that no appeal shall be dismissed nor any brief or document stricken or refused filing for failure to use a particular font size or type in the brief or document.
Referred to the Committee on Judiciary.

HB 1198. By Representatives Wiles of the 34th, Brown of the 130th, Mann of the 5th, Joyce of the 1st, Westmoreland of the 104th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change certain provisions relating to motor vehicle instruction permits, graduated licensing, and related restric tions; to provide for limited driving permits for certain persons at least 18 years of age whose drivers' licenses have been revoked under subsection (a) of Code Section 40-5-57.1 for certain speed limit offenses.
Referred to the Committee on Motor Vehicles.

HB 1199. By Representatives McBee of the 88th, Martin of the 47th and Hudgens of the 24th:
A bill to amend Code Section 36-32-22 of the Official Code of Georgia Anno tated, relating to establishment and membership of the Georgia Municipal Courts Training Council, so as to change the method for the appointment of members of the Georgia Municipal Courts Training Council.
Referred to the Committee on Judiciary.

HB 1200. By Representatives McBee of the 88th, Martin of the 47th and Hudgens of the 24th:
A bill to amend Code Section 15-10-137 of the Official Code of Georgia Annotated, relating to training requirements for magistrates, so as to change the provisions relating to training and certification of magistrates.
Referred to the Committee on Judiciary.

HB 1201. By Representatives McBee of the 88th, Smyre of the 136th, Hudgens of the 24th, Heard of the 89th and Stancil of the 91st:
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 authorize the board of regents to sell or transfer certain works of art.
Referred to the Committee on University System of Georgia.

WEDNESDAY, JANUARY 14, 1998

67

HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Anno tated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum sal ary mandated by general law.
Referred to the Committee on Governmental Affairs.

HB 1203. By Representative Thomas of the 148th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Anno tated, relating to use of radar speed detection devices, so as to provide for admissibility of evidence obtained in school zones.
Referred to the Committee on Special Judiciary.

HB 1204. By Representatives Mills of the 21st, Dobbs of the 92nd and Crews of the 78th:
A bill to amend Code Section 16-11-107 of the Official Code of Georgia Annotated, providing criminal penalties for destroying or injuring police dogs or police horses, so as to change the provisions relating to definitions so as to include search and rescue dogs.
Referred to the Committee on Special Judiciary.

HB 1205. By Representatives Smith of the 109th and Crawford of the 129th:
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, and Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to provide for legible printing or typing of each signer's name below the signature on plats, affida vits, and instruments.
Referred to the Committee on Judiciary.

HB 1206. By Representative Campbell of the 42nd:
A bill to amend Code Section 36-32-9 of the Official Code of Georgia Anno tated, relating to jurisdiction of municipal courts over shoplifting offenses involving $100.00 or less, so as to authorize municipal courts to try and dis pose of cases in which a person is charged with a third offense of shoplifting property valued at $100.00 or less.
Referred to the Committee on Special Judiciary.

HB 1207. By Representatives Jones of the 71st, Walker of the 141st, Skipper of the 137th and Heard of the 89th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for public office, so as to provide for certain changes in limitations in contributions where a candidate loans or contributes certain sums to the candidate's own campaign.
Referred to the Committee on Rules.

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HB 1208. By Representative Smith of the 109th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning, so as to provide that the pro cess of processioning shall apply to property within incorporated municipali ties.
Referred to the Committee on Judiciary.

HB 1209. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to the detention or embargo of adulterated or misbranded food.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1210. By Representatives Bridges of the 9th, Walker of the 87th, Byrd of the 170th, Crews of the 78th, Rice of the 79th 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 schools, so as to provide for the presentation of certain scientific evidence whenever any theory of the origin of humans or other living things is taught.
Referred to the Committee on Education.

HB 1211. By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th:
A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Anno tated, relating to dealers in agricultural products, so as to change the provi sions relating to breach of the conditions of the bond of a dealer in agricultural products and the provisions relating to breach of the conditions of the bond of a grain dealer.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1212. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Anno tated, known as the "Structural Pest Control Act," so as to change the provi sions relating to the membership of the State Structural Pest Control Commission.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1213. By Representatives Campbell of the 42nd and Franklin of the 39th:
A bill to amend Code Section 15-11-61 of the Official Code of Georgia Anno tated, relating to the sealing of juvenile records, so as to provide that sealed juvenile records shall be permanently unsealed if the subject of such records is subsequently convicted of a criminal offense after reaching the age of majority.
Referred to the Committee on Judiciary.

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HB 1214. By Representatives Sims of the 167th, DeLoach of the 119th, Lord of the 121st, West of the 101st and Randall of the 127th:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide for liens of funeral directors.
Referred to the Committee on Special Judiciary.

HB 1215. By Representative Campbell of the 42nd:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to the administration of chemical tests to determine whether a person is driving under the influence of drugs or alcohol, so as to change certain provisions relating to the termination of a driver's license suspension under certain circumstances.
Referred to the Committee on Motor Vehicles.

HB 1216. By Representative Campbell of the 42nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of certain terms; to include certain employees of municipal probation systems 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 1217. By Representative Stephens of the 150th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for additional information and disclosures which must be provided to the taxpayer.
Referred to the Committee on Ways & Means.

HB 1218. By Representatives Irvin of the 45th, Culbreth of the 132nd, Stancil of the 16th, Ehrhart of the 36th, Evans of the 28th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a gradual reduction in the income tax rate for individuals over a period of years; to abolish the individ ual income tax and the income tax on fiduciaries and partnerships, effective for tax years beginning on and after January 1, 2009.
Referred to the Committee on Ways & Means.

HB 1219. By Representatives Royal of the 164th, McKinney of the 51st, Jones of the 71st and Teper of the 61st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to authorize the investment of certain reserve funds hi additional investments.
Referred to the Committee on State Planning & Community Affairs.

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HB 1220. By Representatives Trense of the 44th and Ashe of the 46th:
A bill to amend Code Section 20-2-212 of the Official Code of Georgia Anno tated, relating to salary schedules for personnel certificated by Professional Standards Commission, so as to delete certain provisions relating to the comparability of such salaries.
Referred to the Committee on Education.

HB 1221. By Representatives Day of the 153rd and Walker of the 141st:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Anno tated, relating to disposition of campaign contributions, so as to authorize such contributions to be expended for certain training and education pur poses.
Referred to the Committee on Rules.

HB 1222. By Representatives Martin of the 47th, Murphy of the 18th, Irvin of the 45th, Teper of the 61st, Davis of the 48th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to regulation and construction of hospitals and other health care facilities, so as to change an exception to provisions for payments for medical education to certain hospital authorities and designated teaching hospitals.
Referred to the Committee on Health & Ecology.

HB 1223. By Representatives Epps of the 131st, Porter of the 143rd and Taylor of the 134th:
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 require a course of driver education for certain applicants for drivers' licenses; to allow public schools to offer such courses over the sum mer and to charge for them.
Referred to the Committee on Motor Vehicles.

HB 1224. By Representatives Stallings of the 100th, West of the 101st, Barnard of the 154th and Martin of the 145th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, so as to define the offense of family violence in the presence of a minor.
Referred to the Committee on Special Judiciary.

HB 1225. By Representatives Day of the 153rd and Walker of the 141st:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for training of members of the General Assembly; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for a course of training; to pro vide for expenses; to provide for creation, powers, duties, and authority of the Georgia General Assembly Training Institute.
Referred to the Committee on Rules.

WEDNESDAY, JANUARY 14, 1998

71

HB 1226. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Anno tated, relating to general provisions relative to wills, trusts, and estates, as such chapter and title were effective December 31, 1997, and Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provi sions relative to wills, trusts, and estates, as such chapter and title were amended by an Act approved April 2, 1996.
Referred to the Committee on Judiciary.

HB 1227. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and hi Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1228. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions hi the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1229. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1230. By Representatives Crews of the 78th, Evans of the 28th, Pinholster of the 15th, Mills of the 21st, Jackson of the 112th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Anno tated, relating to campaign contribution disclosure reports, so as to provide for the filing of a disclosure report during the month of December preceding the election.
Referred to the Committee on Rules.

HB 1231. By Representatives Henson of the 65th, Teper of the 61st, Twiggs of the 8th, Ragas of the 64th, Williams of the 63rd and others:
A bill to amend Code Section 12-3-193 of the Official Code of Georgia Anno tated, relating to membership of the Stone Mountain Memorial Association, so as to provide for appointment of certain members by the Recreational Authorities Overview Committee.
Referred to the Committee on State Institutions & Property.

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HB 1232. By Representatives Henson of the 65th, Ragas of the 64th, Teper of the 61st, Williams of the 63rd, Watson of the 70th and others:
A bill to amend Code Section 12-3-219 of the Official Code of Georgia Anno tated, relating to applicability of certain taxes to property, activities, income, and bonds of the Stone Mountain Memorial Association, so as to change cer tain provisions regarding the retention and expenditure of certain tax pro ceeds.
Referred to the Committee on State Institutions & Property.

HB 1233. By Representatives Maddox of the 72nd, Ragas of the 64th, McKinney of the 51st and Watson of the 70th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Anno tated, relating to fees for sheriffs services and disposition of fees, so as to change certain fees and specify certain fees for sheriffs services.
Referred to the Committee on Special Judiciary.

HB 1234. By Representative Bordeaux of the 151st:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for cer tain regulations applicable to vending machines.
Referred to the Committee on Industry.

HB 1235. By Representatives Smith of the 169th, Murphy of the 18th, Powell of the 23rd, McCall of the 90th, Sims of the 167th 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 provide for uniform reimbursement for hospital inpatient services.
Referred to the Committee on Appropriations.

HR 744. By Representative Stephens of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the levy of a homestead option sales and use tax at the rate of 1 percent for the purpose of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county ad valorem taxes.
Referred to the Committee on Ways & Means.

HR 778. By Representatives Scott of the 165th and Hudson of the 156th:
A resolution authorizing the granting of a quitclaim deed, affidavit, or other document evidencing that the state has not accepted title to and has no intent to use certain property in Tift County and granting or affirming title to such property to the Tift County Development Authority.
Referred to the Committee on State Institutions & Property.

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

WEDNESDAY, JANUARY 14, 1998

73

HB 1131 HB 1136 HB 1181 HB 1182 HB 1183 HB 1184 HB 1185
HB 1186

HB 1187 HB 1188 HB 1189 HB 1190 HB 1191 HR 741 HR 742

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 1148 Do Pass HB 1168 Do Pass, as Amended
Respectfully submitted, M Royal of the 164th
Chairman

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

HB 1148.

By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend an Act providing for the Board of Education of Clarke County, so as to change the provisions relating to elections of members of said board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1168. By Representatives Murphy of the 18th, Stallings of the 100th and West of the 101st:
A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or par tially within Carroll County.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB "1V16I8II"o.n line 8 of page 1 by striking the figure "VII" and inserting in its place the figure

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1148 and HB 1168 were ordered immediately transmitted to the Senate.

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

Representative Brooks of the 54th arose to a point of personal privilege and addressed the House.

Representative Smith of the 175th arose to a point of personal privilege and addressed the House.

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

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

SR 470. By Senator Streat of the 19th: A resolution declaring Retired Teachers at the Capitol Day.

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

HR 737. By Representatives Stancil of the 91st, Smyre of the 136th and McBee of the 88th:
A resolution commending exceptional members of 4-H and inviting them to appear before the House of Representatives and recognizing the observance of 4-H Day at the state capitol.

HR 738. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A resolution honoring James Don Edwards, Ph.D., and inviting him to appear before the House of Representatives.

HR 739. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A resolution recognizing and commending Dr. Michael F. Adams as the newly appointed president of the University of Georgia and inviting him to appear before the House of Representatives.

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

WEDNESDAY, JANUARY 14, 1998

75

HR 791. By Representatives Day of the 153rd, Walker of the 141st, Lee of the 94th, Irvin of the 45th, Buck of the 135th and others:
A resolution inviting Mrs. Deen Day Smith, the National Mother of the Year, to appear before the House of Representatives and for other purposes.

HR 792. By Representatives Manning of the 32nd, Stencil of the 91st, Shipp of the 38th, Stanley of the 50th, Stanley of the 49th and others:
A resolution commending Ms. Rosalie Andrews and inviting her to appear before the House of Representatives.

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

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.

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 YAnderson YAshe YBailey Y Bannister
YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn
YBurkhalter YByrd YCampbeU Y Canty YCash Y Channel! YChilders Y Clark YCoan
Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawfotd Y Crews

Y Culbreth
Y Cummings Y Davit, G
Y Davia, M YDay
DeLoach, B YDeLoach, G YDix YDixon
YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht
YHeckatall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James
Y Jamieson Y Jenkins Y Johnson Y Jobnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord
Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
Y McClinton Y McKinney Y Mills
Y Mobley YMosley YMueller YO'Neal
Orrock YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell YRagas
Randall YRay
Y Reaves YReichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid
Y Scott Y Shanahan YShaw YSherrill Y Shipp 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
YSmyre YSneUing
YSnow YStallings Y Stancil, F Y Stancil,S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper YThomas YTiUman
Y Titus YTolbert YTranse YTumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
YWest Y Westmoreland YWhitaker
Y Wiles Y Williams, B Y Williams, J
Williams, R YWorthan YYates
Murphy, Spkr

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

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The Speaker announced the House in recess until 2:30 o'clock this afternoon.

WEDNESDAY, JANUARY 14, 1998

77

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 793. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A resolution recognizing and commending Marguerite Thigpen Cline.
HR 794. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A resolution recognizing and commending Wade Talmadge Buchanan.
HR 795. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A resolution recognizing and commending Bryon Lamar Dobbs.
HR 796. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th: A resolution recognizing and commending Wylene Bryant.
HR 797. By Representatives Dix of the 76th, Massey of the 86th, Mills of the 21st, Coleman of the 80th, Breedlove of the 85th and others: A resolution commending Dan Eberhart.
HR 798. By Representatives Yates of the 106th, Westmorland of the 104th, Brown of the 130th and Smith of the 103rd: A resolution recognizing and commending Wanda Guy.
HR 799. By Representatives McKinney of the 51st and Brooks of the 54th: A resolution commending Save Our Kids.
HR 800. By Representatives McKinney of the 51st and Brooks of the 54th: A resolution commending Shirley C. Reams, Principal of Terry Mill Elemen tary School.
HR 801. By Representatives McKinney of the 51st and Brooks of the 54th: A resolution commending Ollivette Allison and the Carrie Steele-Pitts Home.
HR 802. By Representative Purcell of the 147th: A resolution expressing sympathy at the loss of Al DeWitt.
HR 803. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution expressing regret at the passing of Mr. Herbert L. Schwabe.

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JOURNAL OF THE HOUSE,

HR 804. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Mr. Samuel Smalls.

HR 805. By Representative Purcell of the 147th:
A resolution expressing regret at the passing of Dr. Carson B. "Bucky" Burgstiner.

HR 806. By Representative Burkhalter of the 41st: A resolution commending the Atlanta Athletic Club.

The following Resolution of the Senate was read and adopted:

SR 470. By Senator Streat of the 19th: A resolution declaring Retired Teachers at the Capitol Day.

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

HB 1162.

By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th, Murphy of the 18th, Connell of the 115th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to increase the amount of taxpayer and dependent exemptions with respect to Georgia taxable net income; to increase the amount of the deduction in lieu of a personal exemption with respect to estates or trusts; to increase the amount of deductions that may be taken by taxpayers who have reached age 65 or are blind.

The Speaker assumed the Chair.

The following amendment was read:

Representative Kaye of the 37th, et al. move to amend HB 1162 by inserting between "income;" and "to" on line 4 of page 1 the following:
"to provide for annual adjustments with respect to the amount of certain exemptions and deductions;".
By inserting between lines 11 and 12 of page 2 the following:
"(4) For taxable years beginning on or after January 1^ 1999, the exemption amounts provided for in paragraphs (1) and (2) of this subsection and the exemption amount provided for in subparagraph (C) of paragraph (3) of this subsection shall be annually adjusted by the commissioner by the same percentage as the previous year's increase in the Consumer Price Index for all urban consumers published bj the Bureau of Labor Statistics of the United States Department of Labor. Such deduction amounts shall be rounded to the nearest $10.00."

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

Alien E Andereon YAshe

N Bailey Y Bannister NBarfoot

Y Barnard N Baines Y Bates

N Benefield N Birdsong Y Bohannon

N Bordeaux Y Bradford Y Breedlove

WEDNESDAY, JANUARY 14, 1998

79

Y Bridges N Brooks Y Brown NBuck NBuckner YBunn Y Burkhalter NBvrd Y Campbell N Canty YCash N Channel] NChilders Y Clark YCoan Y Coleman, B
N Coleman, T NConnell Y Cooper Y Crawford Y Crews Y Culbreth
N Cummings NDavis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDii NDiion NDobbB N Dukes YEhrhart

NEpps Y Evans YEverett YFelton NFloyd Y Franklin N Golden Y Graves NGreene YGrindley Y Hammontree NHanner Y Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson NJenkins Y Johnson Y Johnston

NJones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddoi YMann N Manning N Martin, J
Y Martin, J.L YMassey NMcBee EMcCall N McClinton N McKinney Y Mills N Mobley
N Mosley Y Mueller NO'Neal NOrrock
Parham
NParrish Y Parsons
NPelote N Perry Y Pinholster NPoag

NPolak Y Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett YScheid N Scott
NShaw NSherrill YShipp NSuns N Sinkfleld 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 YSnelling
NSnow N Stalling* N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTiUman Y Titus NTolbert YTrense
N Turnquest NTwiggs
N Walker, L Y Walker, R.L N Watson NWest
Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 73, nays 102. The amendment was lost.

The following amendment was read:

Representative Culbreth of the 132nd, et al. move to amend HB 1162 by inserting between "income;" and "to" on line 4 of page 1 the following:
"to provide for periodic additional increases with respect to personal exemption amounts;".
By inserting between "allowances;" and "to" on line 9 of page 1 the following:
"to provide for periodic increases with respect to such allowances;".
By inserting between lines 11 and 12 on page 2 the following:
"(4) Commencing with the taxable year beginning January 1^ 1999, and annually thereafter, the exemption amounts under paragraphs (1) and (2) of this subsection shall be increased by such an amount so that the total amount of such exemptions shall effectively reduce the state income tax rate applicable to each bracket under Code Section 48-7-20 by one-third of 1 percent, so that for taxable years beginning on or after January 1^ 2016, the state personal income tax with respect to individual taxpayers shall be eliminated. The increased exemption amounts required under this paragraph shall be calculated and certified by the director of the Office of Planning and Budget, with the assistance of the commissioner and the state auditor."
By adding at the end of line 19 of page 3 the following:
"Commencing with the taxable year beginning January lj 1999, and annually thereaf ter, the withholding exemption allowances specified b^ this paragraph shall be adjusted by the commissioner to effectuate the increased personal exemption amounts provided for under paragraph (4) of subsection (a) of Code Section 48-7-26."

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JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Walker of the 141st, et al. move to amend the Culbreth amendment to HB 1162 as follows:
By deleting lines 13 thru 26 in its entirety and substitution in lieu thereof:
"(4) Commencing with the taxable year beginning January 1, 2003, an exemption of $3,000 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer."
And by deleting lines 28 through 33 in its entirety.

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

Alien
Anderson NAshe Y Bailey N Bannister YBarfoot N Barnard YBarnes N Bates Y Benefield YBirdsong N Bobannon Y Bordeaux N Bradford N Breedlove
N Bridges Y Brooks N Brown
YBuck YBuckner NBunn
N Burkhalter YByrd N Campbell Y Canty NCash YChannell Y Childers N Clark
NCoan N Coleman, B Y Coleman, T Y Connell N Cooper
Y Crawford N Crews

N Culbreth Y Cummings Y Davis, G N Davis, M NDay
NDeLoach, B N DeLoacb, G NDix Y Dixon YDobbs Y Dukes
NEhrhart YEpps N Evans
NEverett N Felton YFloyd NFranklin Y Golden N Graves YGreene N Grindley Y Hammontree Y Manner Y Harbin Y Heard
YHecht YHeckstall Y Hegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H

Y Hudson, N Y Hugley NIrvin N Jackson Y James Y Jamieson YJenkins N Jobnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane
YLee N Lewis YLord Y Lucas Y Maddox NMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee EMcCall Y McClinton Y McKinney N Mills
Y Mobley YMosley
NMueller YO'Neal YOrrock
Parham

YParrish N Parsons Y Pelote Y Perry
N Pinbolster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell
YRagas YRandall YRay Y Reaves YReicbert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders
NSauder N Scailett NScheid Y Scott Y Shanaban YShaw
YSherrill
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 NSnelling YSnow YStallings Y Stancil, F N Stancil, S
Y Stanley, L Y Stanley, P Y Stephens Y Taylor
YTeague YTeper Y Thomas YTillman N Titus NTolbert NTrense
Y Tumquest YTwiggs Y Walker, L
N Walker, R.L Y Watson Y West N Westmorland YWhitaker N Wiles N Williams, B N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 103, nays 72. The amendment was adopted.

Representative Jackson of the 112th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Irvin of the 45th moved that the House reconsider its action in adopt ing the Walker amendment to the Culbreth amendment.
On the motion, the roll call was ordered and the vote was as follows:

Alien E Anderson YAshe

N Bailey Y Bannister
NBarfoot

Y Barnard NBaraes Y Bates

N Benefield NBirdsong YBohannon

N Bordeaux Y Bradford N Breedlove

WEDNESDAY, JANUARY 14, 1998

81

Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Buikhalter NByrd Y Campbell N Canty V i fi>aauslnt N Channel! NChildera Y Clark YCoan YColeman, B N Colaman, T NConnell Y Cooper YCrawford Y Crews Y Culbreth N CuimninES N Davis. G Y Davis, M YDay YDeLoach, B YDeLoach, 0 YDix NDizon NDobbs N Dukes YEhrhart

NEpps Y Evans Y Everett Y Felton NFloyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hanunontree N Banner Y Harbin N Heard NHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkdns Y Johnson Y Johnston

N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Mfuming N Martin, J Y Martin, J.L YMassey NMcBee EMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller NO'Neal NOrrock
Parham NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag

NPolak Y Ponder N Porter N PoweU NPurceU NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett YScheid N Scott N Shflnflhtun NShaw NSherriU 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 N Smyre YSneUing N Snow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson N West Y Westmorland NWhi taker YWUes Y Williams, B Y Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

On the motion, the ayes were 76, nays 99. The motion was lost.

Representative Ehrhart of the 36th moved to print the Culbreth amendment, as amended.
On the motion, the roll call was ordered and the vote was as follows:

Alien

E Anderson

YAshe

N Bailey

Y Bannister

NBarfoot

Y Barnard

NBarnes ,

Y Bates

V

N Benefield

NBirdsong

YBohannon

N Bordeaux

Y Bradford

N Breedlove

Y Bridges

N Brooks

Y Brown

NBuck

N Buckner

YBunn

Y Burkhalter

NByrd

Y Campbell

Y Canty

YCash

NChanneU

N Childers

Y Clark

YCoan

YColeman, B

N Coleman, T

N Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B NDeLoach, G YDix NDixon NDobbs N Dukes YEhrhart NEpps Y Evans N Everett Y Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht NHeckstall

N Hegstrom N Henson N Holland N Holmes N Houston 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 NLord N Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L

YMassey NMcBee EMcCall N McClinton N McKinney Y Mills N Mobley N Mosley Y MueUer NO'Neal NOrrock
Parham NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter N PoweU 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 NShanahan NShaw NSherriU 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 N Smyre Y Snelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper

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JOURNAL OF THE HOUSE,

N Thomas NTillman Y Titus YTolbert

YTrenw NTurnquest NTwiggs N Walker, L

Y Walker, R.L N Watson NWest Y Westmoreland

NWhitaker Y Wiles Y Williams, B Y Williams, 3

Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the motion, the ayes were 74, nays 101. The motion was lost.

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

Alien E Andenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
YBirdaong Y Bohannon Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter
Y Byrd Y Campbell Y Canty YCash
Y Channel! YChilden Y Clark
YCoan YColeman, B YColeman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununinga Y Davis, G
Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDixon
YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin
Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson
YJenkins Y Johnson Y Johnston
Y Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee EMcCaU Y McClinton
YMcKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal
YOrrock Parham

YParrish Y Parsons Y Pelote Y Perry YPinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder 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 Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus YTolbert YTrense Y Turnquest YTwiggs
Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the adoption of the Culbreth amendment, as amended, the ayes were 174, nays 0. The amendment, as amended, was adopted.

Representative Parham of the 122nd 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 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 E Andenon YAshe Y Bailey 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

WEDNESDAY, JANUARY 14, 1998

83

YCash Y Channel! YChilden 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 YDii
YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden
Y Graves

Y Greene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson
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
EMcCall Y McClinton Y McKinney YMilh Y Mobley YMosley Y Mueller YO'Neal YOrrock
Parham YParrish Y Parsons YPelote 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 YSauder
Y Scarlett YScheid 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

YSnelling YSnow Y Stagings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
YTeague YTeper Y Thomas Y Tillman
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 175, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Parham of the 122nd 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 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 1131 Do Pass SB 110 Do Pass, as Amended SR 144 Do Pass
Respectfully submitted, /s/ Childers of the 13th
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 rec ommendations:

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JOURNAL OF THE HOUSE,

HB 1227 Do Pass HB 1229 Do Pass

Respectfully submitted, /s/ 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.

THURSDAY, JANUARY 15,1998

85

Representative Hall, Atlanta, Georgia Thursday, January 15, 1998

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:

Andenon Bailey Bannister Barfoot Barnard Barms Bates Birdsong Bordeaux Breedlove Bridges Brooks Brown Buck Bunn
Byrd CampbeU Cash Cbannell Childm Clark Coan
Coleman, B Connell Cooper Crawford Crews Culbreth

Cununuigs DeLoach, B DeLoach, G Dobbe Dukes Ehrhart Epps Everett Felton Floyd Franklin Golden Graves Gnene Hammontree Harbin Heard Hecht Heckstall Hegstrom Holland Houston Howard Hudgens Hudson, N
Jackson James

Jenkins Johnson E Johnston
Kaye Ladd Lakly L&H6 Lewis Lord Maddox Mann Manning Martin, J Martin, J.L Massey McBee EMcCall E McClinton Milk Mosley Mueller O'Neal Parham Parrish Parsons Pelote Perry

Pinholster Poag Polak Ponder Porter Powell Purcell Ragas Ray Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott
Shipp Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Smyre Smiling E Stancil, F Stancil, S Stephens Taylor Teper Thomas Tilhnan Titus Trense Turnquest Twiggs Walker, L Walker, R.L Watson
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 Canty of the 52nd, Orrock of the 56th, Sinkfield of the 57th, Buckner of the 95th, Joyce of the 1st, Bradford of the 30th, Dixon of the 168th, Benefield of the 96th, Burkhalter of the 41st, Lee of the 94th, Hudson of the 120th, McKinney of the 51st, Manner of the 159th, Henson of the 65th, Ashe of the 46th, Jamieson of the 22nd, Mobley of the 69th, Holmes of the 53rd, Bohannon of the 139th, Shaw of the 176th, Grindley of the 35th, Tolbert of the 25th, Stallings of the 100th, Snow of the 2nd, Davis of the 60th, Day of the 153rd, Evans of the 28th, Irvin of the 45th, Stanley of the 50th, Stanley of the 49th, Davis of the 48th, Teague of the 58th, Alien of the 117th, Lucas of the 124th and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Larry L. Broxton, Pastor, Christ Memorial Baptist Church, Savannah, 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.

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JOURNAL OF THE HOUSE,

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

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

HB 1120. By Representatives Pelote of the 149th, Mueller of the 152nd, Taylor of the 134th, Hugley of the 133rd, Thomas of the 148th and others:
A bill to amend Code Section 33-29-3.2 of the Official Code of Georgia Anno tated, relating to insurance coverage for certain procedures, so as to require insurance coverage for a gynecological examination for ovarian cancer; to amend Code Section 33-30-4.2, relating to certain required coverage for group accident and sickness insurers, so as to require coverage for a gynecological examination for ovarian cancer.
Referred to the Committee on Insurance.

HB 1122. By Representatives Culbreth of the 132nd, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Sauder of the 29th 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 state income tax, so as to change certain provisions regarding capital gains adjust ments; to provide for a capital gains credit.
Referred to the Committee on Ways & Means.

HB 1123. By Representatives Williams of the 83rd, Byrd of the 170th, Tillman of the 173rd, Irvin of the 45th, Wiles of the 34th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for protection of the religious freedom of the people of the State of Georgia against governmental intrusion.
Referred to the Committee on Judiciary.

HB 1126. 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.

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87

HB 1134. By Representatives Golden of the 177th and Smith of the 109th:
A bill to amend Code Section 33-9-40.2 of the Official Code of Georgia Anno tated, relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs, so as to change certain provi sions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs.
Referred to the Committee on Industrial Relations.
HB 1138. By Representatives Walker of the 87th, Byrd of the 170th, Crews of the 78th, Mills of the 21st, Smith of the 169th and others:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage generally, so as to provide for covenant marriage; to provide for a short title.
Referred to the Committee on Judiciary.
HB 1236. 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.
HB 1237. 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 sen tence of death shall be carried out by electrocution unless, prior to the date of execution, a court of competent jurisdiction declares death by electrocu tion to be illegal or in violation of the Constitution of the United States or the Constitution of the State of Georgia.
Referred to the Committee on Special Judiciary.
HB 1238. By Representatives McKinney of the 51st and Brooks of the 54th:
A bill to amend an Act re-creating a system of state courts of limited juris diction 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 provide for conditions for the appointment of judges pro hac vice for such courts.
Referred to the Committee on State Planning & Community Affairs.
HB 1239. By Representatives McKinney of the 51st and Brooks of the 54th:
A bill to amend Code Section 40-6-91 of the Official Code of Georgia Anno tated, relating to pedestrian right of way in crosswalks, so as to change the penalty provisions.
Referred to the Committee on Motor Vehicles.
HB 1240. By Representative Bordeaux of the 151st:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability insurance policies and coverage of claims against uninsured motorists, so as to provide for recovery under a policy of motor vehicle liability insurance of the amount of actual loss not exceeding coverage limits without regard to any amount paid by any insurer in compromise and settlement of a claim under a policy of uninsured motorist coverage.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1241. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding uniform rules of the road for motor vehicles, so as to prohibit the operation on public roads of motor vehicles which supply or are specially equipped to supply the vehicles' combustion engines with certain fuel additives.
Referred to the Committee on Motor Vehicles.
HB 1242. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to authorize the establishment and collection of an assessment per bale of cotton in lieu of the assessment per acre of cotton.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1243. By Representatives Watson of the 70th, McKinney of the 51st, Maddox of the 72nd and Jones of the 71st:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggra vated nature.
Referred to the Committee on Special Judiciary.
HB 1244. By Representatives Watson of the 70th, Jones of the 71st and Heard of the 89th:
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 governing criminal trespass and damage to property, so as to prohibit the burial of debris by a homebuilder or developer on a construction site.
Referred to the Committee on Special Judiciary.

HB 1245. By Representatives Watson of the 70th, Mobley of the 69th, Walker of the 141st, Teper of the 61st and Maddox of the 72nd:
A bill to amend Article 2 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the State Board of Transportation, so as to provide that each member of the board shall hold at least two public hear ings annually in the congressional district from which such member is elected.
Referred to the Committee on Transportation.
HB 1246. By Representative Greene of the 158th:
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 prohibit the discharge of a firearm within a certain distance of a dwell ing.
Referred to the Committee on Special Judiciary.

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89

HB 1247. By Representative Joyce of the 1st:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to change certain provisions regarding the valuation of property which has been established in an appeal; to provide for interest with respect to certain refunds of taxes and license fees.
Referred to the Committee on Ways & Means.

HB 1248. By Representative Joyce of the 1st:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds; combined purchase of supplies and equipment; minimum school year; summer school program; and yearround operation, so as to define a term; to allow local boards of education to add additional instructional tune to school days which may be accumu lated and applied to future instructional time missed due to weather condi tions.
Referred to the Committee on Education.

HB 1249. By Representatives Bordeaux of the 151st and Stephens of the 150th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Anno tated, relating to definitions relative to workers' compensation, so as to change the definition of the term "injury" or "personal injury".
Referred to the Committee on Industrial Relations.

HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 12th and Greene of the 158th:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1998, and ending June 30, 1999.
Referred to the Committee on Appropriations.

HB 1251. By Representative Bordeaux of the 151st:
A bill to amend Code Section 45-13-45 of the Official Code of Georgia Anno tated, relating to the powers of the Secretary of State with respect to man agement of the Department of Archives and History generally, so as to provide that the Secretary of State may establish a branch depository of that department by contract or otherwise.
Referred to the Committee on State Institutions & Property.

HB 1252. By Representatives Parham of the 122nd, Twiggs of the 8th, Martin of the 145th, Parrish of the 144th, Stephens of the 150th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs; to delete certain penalty provisions relating to carisoprodol.
Referred to the Committee on Health & Ecology.

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JOURNAL OF THE HOUSE,

HB 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Tfflman of the 173rd and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Pro gram.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1254. By Representatives Dobbs of the 92nd, Greene of the 158th, Barfoot of the 155th, Sherrill of the 62nd, Lane of the 146th and others:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Anno tated, relating to the transmittal of information on convicted persons, so as to reduce the number of sentence packages required to be transmitted to the commissioner of corrections.
Referred to the Committee on State Institutions & Property.

HB 1255. By Representatives Dobbs of the 92nd, Sherrill of the 62nd, Lane of the 146th and Walker of the 141st:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibitions against loitering at or disrupting schools, so as to provide that it shall be unlawful for any person to remain upon the premises or within the school safety zone of any public or private school in this state when that person does not have a legitimate cause or need to be present thereon.
Referred to the Committee on Education.

HB 1256. By Representatives Grindley of the 35th, Alien of the 117th, Wiles of the 34th, Lucas of the 124th, Campbell of the 42nd and others:
A bill to amend Code Section 15-12-1 of the Official Code of Georgia Anno tated, relating to exemptions from jury duty, so as to provide for the exemp tion from jury duty of any person who is the primary caregiver having active care and custody of a child under six years of age.
Referred to the Committee on Judiciary.

HB 1257. By Representatives Mosley of the 171st, Byrd of the 170th, Smith of the 169th, O'Neal of the 75th, Stanley of the 49th and others:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Anno tated, relating to sex education and AIDS prevention education, so as to require instruction regarding the legal consequences of parenthood.
Referred to the Committee on Education.

HB 1258. By Representatives Dobbs of the 92nd and Porter of the 143rd:
A bill to amend Code Section 12-8-65 of the Official Code of Georgia Anno tated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources as to hazardous waste, so as to provide that the director may settle allegations of violations relating to hazardous waste.
Referred to the Committee on Natural Resources & Environment.

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91

HB 1259. By Representative Dobbs of the 92nd:
A bill to amend Code Section 36-36-32 of the Official Code of Georgia Anno tated, relating to authority to annex upon application of 60 percent of elec tors, so as to change from 60 percent to 70 percent the number of electors and owners required for such annexation.
Referred to the Committee on State Planning & Community Affairs.

HB 1260. By Representative Dobbs of the 92nd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident reparations, so as to require prepay ment of minimum motor vehicle liability insurance policies for certain periods and purposes; to change certain provisions relating to requirements for issuance of policies.
Referred to the Committee on Insurance.

HB 1261. By Representatives Dobbs of the 92nd and Crawford of the 129th:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Anno tated, relating to general provisions regarding eminent domain, so as to pro vide for limitations upon the exercise of eminent domain by counties, municipal corporations, and school systems outside their respective territorial boundaries.
Referred to the Committee on Judiciary.

HB 1262. By Representative Dobbs of the 92nd:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Anno tated, relating to annexation, so as to repeal certain provisions relating to annexation by the 60 percent method; to change the provisions regarding annexation of unincorporated islands.
Referred to the Committee on State Planning & Community Affairs.

HB 1263. By Representative Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regula tion Act," so as to change certain time periods within which real estate appraisers are required to take certain actions.
Referred to the Committee on Industry.

HB 1264. By Representatives Powell of the 23rd, McCall of the 90th, Stancil of the 16th, Floyd of the 138th and Johnson of the 84th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the offense of deposit account fraud, so as to change the provisions relating to the recovery of costs by the holder of the instrument by a bank or financial institution as a result of the instrument not being honored.
Referred to the Committee on Banks & Banking.

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JOURNAL OF THE HOUSE,

HB 1265. By Representatives Dobbs of the 92nd, Mann of the 5th and Porter of the 143rd:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to provide for the regulation of ani mal feeding operations and the waste generated by such operations.
Referred to the Committee on Natural Resources & Environment.

HB 1266. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th, Davis of the 48th, Trense of the 44th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to enact the "Disaster Volun teer Leave Act".
Referred to the Committee on Public Safety.

HB 1267. By Representatives Crews of the 78th, Tillman of the 173rd, Smith of the 169th, Grindley of the 35th, Hammontree of the 4th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions regarding tuition equalization grants; to remove the exclusion of Bible schools or colleges of theology or divinity as institu tions eligible to receive tuition equalization grant funds.
Referred to the Committee on Education.

HB 1268. By Representatives Holmes of the 53rd, Hecht of the 97th, Hudson of the 120th, DeLoach of the 172nd and Bohannon of the 139th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment.
Referred to the Committee on Governmental Affairs.

HB 1269. By Representatives Bordeaux of the 151st, Williams of the 114th, Purcell of the 147th and Campbell of the 42nd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide for defi nitions; to provide that any claim administrator, health care advisor, private review agent, or other person or entity which administers benefits or reviews or adjusts claims under a health benefits plan or a utilization review plan shall exercise ordinary diligence to do so in a timely and appropriate manner.
Referred to the Committee on Judiciary.

HB 1270. By Representatives Twiggs of the 8th, Poag of the 6th, Johnston of the 81st, Coleman of the 142nd, Martin of the 47th and others:
A bill to amend Article 2 of Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to minimum requirements for local fire depart ments, so as to change the provisions relating to notification that an organi zation meets requirements to function as a fire department.
Referred to the Committee on Public Safety.

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93

HB 1271. By Representatives Dukes of the 161st, Sinkfield of the 57th, Roberts of the 162nd, McBee of the 88th, McClinton of the 68th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to revise provisions relating to optional criminal records checks by employers with employees or volunteers exercising supervisory or disciplinary power over a child or children.
Referred to the Committee on Children and Youth.

HB 1272. By Representative Crews of the 78th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions governing state public property, so as to provide that the entire state capitol shall be smoke free.
Referred to the Committee on State Institutions & Property.

HB 1273. By Representatives Coleman of the 80th, Porter of the 143rd, McBee of the 88th, Cummings of the 27th and Ashe of the 46th:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Anno tated, relating to health insurance coverage for retiring and retired public school employees, so as to provide that such coverage shall be provided.
Referred to the Committee on Education.

HB 1274. By Representative Powell of the 23rd:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions relative to property, so as to provide exemptions to the requirement to disclose certain information when such dis closure is prohibited by or constitutes a violation of federal or state laws or regulations.
Referred to the Committee on Judiciary.

HB 1275. By Representatives Stanley of the 49th, Stanley of the 50th, Canty of the 52nd, McClinton of the 68th, Hugley of the 133rd and others:
A bill to amend Article 1 of Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the business of insur ance, so as to prohibit certain actions by insurers based on the abuse status of a person; to provide for definitions; to prohibit an insurer from taking cer tain adverse actions against a victim of domestic abuse.
Referred to the Committee on Insurance.

HB 1276. By Representative Barnard of the 154th:
A bill to amend Chapter 22 of Title 31 of the Official Code of Georgia Anno tated, relating to clinical laboratories, so as to provide for notice at certain specimen collection stations that a list of fees is available.
Referred to the Committee on Health & Ecology.

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HB 1277. By Representatives Martin of the 47th, Teper of the 61st, Ray of the 128th, Ashe of the 46th, Orrock of the 56th and others:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by persons with dis abilities, so as to change the provisions relating to definitions; to provide definitions; to provide a short title; to provide for bathroom accessibility design and construction features for certain speculative private residences.
Referred to the Committee on Industry.
HB 1278. By Representatives Scott of the 165th and Hudson of the 156th:
A bill to amend an Act amending an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide a date for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1279. By Representatives Scott of the 165th and Hudson of the 156th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to change the terms of office of certain council dis tricts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1280. By Representatives Smith of the 169th, Mosley of the 171st, Sims of the 167th, Byrd of the 170th and Holland of the 157th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to declare the first week in February of each year as "Home Education Week" in Georgia.
Referred to the Committee on State Planning & Community Affairs.
HB 1281. By Representatives Crews of the 78th, Powell of the 23rd, Rice of the 79th, Hudgens of the 24th, Walker of the 87th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special vehicle license plates, so as to provide for "Choose Life" license plates and the application and other requirements relating thereto.
Referred to the Committee on Motor Vehicles.

HB 1282. By Representatives Day of the 153rd, Manner of the 159th, Stephens of the 150th, Mueller of the 152nd and Tillman of the 173rd:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to repeal certain provisions regarding river and harbor development; to provide for the regulation of maintaining navigation inlets, harbors, and rivers.
Referred to the Committee on Natural Resources & Environment.

HB 1283. By Representatives Buckner of the 95th, Snow of the 2nd and Parsons of the 40th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to the keeping of certain records of the Department of Motor Vehicles, so as to provide that motor vehicle accident reports shall not be subject to public disclosure for a certain period of time.
Referred to the Committee on Motor Vehicles.

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HB 1284. By Representatives Williams of the 83rd 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 increased penalties for certain persons vio lating Chapter 5 of said title, relating to ethics in government.
Referred to the Committee on Rules.

HB 1285. By Representatives Grindley of the 35th, Massey of the 86th, Crews of the 78th, Heckstall of the 55th, Jackson of the 112th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures of assets, so as to change the provisions relating to the distribution of assets or proceeds arising from the forfeiture of assets; to provide for the distribution of certain amounts to persons providing infor mation leading to the forfeiture.
Referred to the Committee on Special Judiciary.

HB 1286. By Representatives Grindley of the 35th, Massey of the 86th, Heckstall of the 55th, Jackson of the 112th, Crews of the 78th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to provide for additional restrictions on the sentences of certain persons con victed of a first or subsequent offense involving the sale or distribution of a controlled substance to a minor.
Referred to the Committee on Special Judiciary.

HB 1287. By Representatives Hecht of the 97th, Golden of the 177th, Lee of the 94th, Randall of the 127th and Purcell of the 147th:
A bill to change penalties relating to certain offenses involving alcoholic bev erages; to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to alcoholic beverages, so as to change the penalty for first conviction of purchase, attempt to pur chase, or knowing possession of an alcoholic beverage by a person under 21 years of age.
Referred to the Committee on Regulated Beverages.

HB 1288. By Representatives Hecht of the 97th, Martin of the 47th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for appointment of counsel or a court appointed special advocate as guardian ad litem for a minor in deprivation cases.
Referred to the Committee on Judiciary.

HB 1289. By Representatives Hegstrom of the 66th, Orrock of the 56th, Martin of the 47th, 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 Anno tated, relating to transportation of hazardous materials, so as to provide for comprehensive regulation by the Public Service Commission of the transpor tation of spent nuclear fuel and high level radioactive waste for the protec tion of elderly Georgians.
Referred to the Committee on Human Relations & Aging.

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HB 1290. By Representatives Hecht of the 97th, Martin of the 47th, Campbell of the 42nd and Davis of the 60th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for pay ment of actual expenses of judges or associate judges attending training semi nars.
Referred to the Committee on Judiciary.

HB 1291. By Representatives Hecht of the 97th, Martin of the 47th, Ragas of the 64th, Randall of the 127th, Taylor of the 134th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change a provi sion relating to when the name of a juvenile is released.
Referred to the Committee on Judiciary.

HB 1292. By Representatives Tolbert of the 25th, Day of the 153rd, Harbin of the 113th, Williams of the 114th and Bannister of the 77th:
A bill to amend Code Section 48-5-299 of the Official Code of Georgia Anno tated, relating to ascertainment of taxable property, so as to change certain provisions with respect to values which are established by appeal.
Referred to the Committee on Ways & Means.

HB 1293. By Representatives Hecht of the 97th, Martin of the 47th, Bordeaux of the 151st and Ragas of the 64th:
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 juvenile proceedings before or after a disposition order in certain circumstances.
Referred to the Committee on Judiciary.

HR 779. By Representatives Johnson of the 84th, Powell of the 23rd and McCall of the 90th:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 3 percent, which rate of taxation may be adjusted as necessary by the General Assem bly, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level.
Referred to the Committee on Ways & Means.

HR 780. By Representatives Mosley of the 171st, Byrd of the 170th, Hudson of the 120th, Smith of the 103rd and Sims of the 167th:
A resolution creating the House Protection of Children of Sexual Abuse Study Committee.
Referred to the Committee on Rules.

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HR 781. By Representatives Kaye of the 37th, Smith of the 102nd, Crews of the 78th, Stallings of the 100th, McBee of the 88th and others:
A resolution creating the Joint Public Retirement System Study Committee.
Referred to the Committee on Rules.

HR 782. By Representative Golden of the 177th: A resolution compensating Ms. Ann C. Bennett.
Referred to the Committee on Appropriations.

HR 783. By Representatives Bates of the 179th and Ponder of the 160th: A resolution compensating Mr. George Cox.
Referred to the Committee on Appropriations.

HR 784. By Representatives Bates of the 179th and Royal of the 164th: A resolution compensating Mr. E. C. Fogg III.
Referred to the Committee on Appropriations.

HR 785. By Representatives Bates of the 179th and Ponder of the 160th: A resolution compensating Mr. Ronnie Cox.
Referred to the Committee on Appropriations.

HR 786. By Representatives Bates of the 179th and Ponder of the 160th: A resolution compensating Mr. Jimmy W. Harrell.
Referred to the Committee on Appropriations.

HR 787. By Representatives Bates of the 179th and Ponder of the 160th: A resolution compensating Mr. R. G. Heard.
Referred to the Committee on Appropriations.

HR 788. By Representatives Bates of the 179th and Golden of the 177th: A resolution compensating Ms. Emma Lee Byrd.
Referred to the Committee on Appropriations.

HR 789. By Representative Bates of the 179th: A resolution compensating Mr. James A. Hayes.
Referred to the Committee on Appropriations.

HR 790. By Representatives Bates of the 179th and Scheid of the 17th: A resolution compensating Mr. Tom Bradbury.
Referred to the Committee on Appropriations.

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

HB 1115 HB 1117 HB 1129 HB 1135 HB 1140 HB 1141 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198 HB 1199 HB 1200 HB 1201 HB 1202 HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 HB 1211

HB 1212 HB 1213 HB 1214 HB 1215 HB 1216 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1222 HB 1223 HB 1224 HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HR 744 HR 778

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1181 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 1181. By Representatives Epps of the 131st and Smith of the 102nd:
A bill to amend an Act reconstituting the Meriwether County Board of Edu cation, 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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames
Bates YBenefield
Birdsong YBohannon
Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilders Y Clark YCoan
Y Coleman, B Coleman, T
YConnell Y Cooper Y Crawford Y Crews

Y Culbreth CummingB Davis, G Davis, M Day
YDeLoach, B YDeLoach, G
Dix Diion Dobbs Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Graves YGreene Grindley Y Hamxnontree Manner Y Harbin Y Heard YHecht Y Heckstall
YHegstrom YHenson Y Holland
Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James
YJamieson YJenUns 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
McCall E McClinton
McKinney Y Mills
Mobley YMosley YMueUer Y O'Neal
Orrock Parham

YParrish Y Parsons Y Pelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers
Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan
Shaw Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSneUing YSnow YStallings EStancU, F Y StancU,S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest Twiggs Y Walker, L Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles YWilUams, B
Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

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

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

HR 751. By Representatives Crawford of the 129th, Reaves of the 178th, McBee of the 88th and Ray of the 128th:
A resolution commending Mrs. Jane Ashley.

Representative Brooks of the 54th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 807. By Representatives Porter of the 143rd, Coleman of the 142nd, Murphy of the 18th, Barfoot of the 155th, Connell of the 115th and others:
A resolution expressing regret at the passing of Kyle Wayne Dinkheller.

HR 808. By Representatives Murphy of the 18th and Cummings of the 27th: A resolution commending Ralph Aford Lively.

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

HR 809. By Representatives Sauder of the 29th, Bradford of the 30th, Grindley of the 35th, Shipp of the 38th, Cooper of the 31st and others:
A resolution recognizing and commending the City of Smyrna and inviting officials of the city to 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 rec ommendation:
HB 516 Do Pass, by Substitute
Respectfully submitted, M Martin of the 47th
Chairman

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

Over the holidays, Shirley and I got a great present. A dear friend gave us two eightweek-old yellow lab puppies. One is named Thomas B., the other is named Pierre. And I have the papers to prove it.
One of them is a little rambunctious and has a bit of a temper. The other is thoughtful and reflective, even polite. You can guess which one is which. I've already had to cuss 'em a tune or two, and Shirley, keeps telling me, "Why don't you just try being a little nicer to them."
These dogs will be with us for many years, and the friend who gave them to us thought it would be poetic justice for Shirley and me to get up every morning and go to bed every night, probably for the rest of our lives, taking care of Thomas B. and Pierre. I may have to let Shirley handle Thomas B.
Seriously and very sincerely, I want to begin my last State of the State Address by pay ing tribute to these two very good and very able men who have presided over the House and Senate during my time as Governor. Without any doubt, they are the best presiding officers in the country. Both love this state deeply and both hold passionately to their beliefs. I have much respect, admiration and, yes, great affection for both of these men.

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Because of their work, Georgia is a better place and I have been a better Governor. It has been one of the great privileges of my life to have worked with Tom Murphy and Pierre Howard all these years. From the bottom of my heart, I thank you both.
This past Christmas, for the 65th straight year, a family of Millers sat around an open fireplace hi the old rock house in Young Harris. There were four generations of us. Shirley and I were the oldest. Our two sons, Murphy and Matt, and their two wives, Susan and Katie, were the next generation.
Eight-year-old twins, Andrew and Bryan, teenager Justin and my granddaughter Asia and her husband Shane Martin were still another generation. And then their two sons -- Jacob, almost four, and Joshua, ten months, were the fourth generation.
Quite a tribe; we filled up the entire room. And amid the wrapping paper and ribbon, amid the oohs and aahs, the obligatory thanks and the genuine surprises, I remembered back to the Christmases past and I thought of the Christmases yet to come. I did not need Jacob Marley's ghost or Tiny Tim to tell me how richly blessed I truly am.
I was just a little older than my great-grandson Jacob when the President of the United States stood on the steps of the United States Capitol, looked south and said, "I see onethird of a nation ill-housed, ill-clad and ill-nourished."
That was the South I grew up in. But it is not the South my grandchildren and great grandchildren will grow up in.
Today, that "one-third of a nation," by itself, has an economy that is the fifth largest in the world. By the year 2000, the South will surpass the Northeast in population.
And Georgia is leading the way. Our economy has outperformed the nation's every year since 1991, some years by more than 80 percent. We have created more than 2,000 new jobs every week since 1991, and last year we led the nation in high-tech job growth. Geor gia is now truly an international location, home to more than 1,500 international busi nesses. The rest of the world has discovered what we already knew: There is no better place to live, work or raise a family than the State of Georgia.
That's the Georgia those next generations will live in. And the state of that state -- today and I think for years to come -- is excellent.
As a student and teacher of history, I've always been comfortable with facts and details, words, dates and numbers. And I can think of many nights I've spent under this gold dome, working on budgets, Grafting legislation, looking for the right word or phrase or idea that would forge a compromise or pass a bill.
You all know exactly what I mean. You are faced with it, too: large amounts of data you must wrestle with, long pages of words and numbers you must pore over, making sure that the bill does what you really intend.
It is so easy to get bogged down in the minutia of state government, to just tune out while listening to long budget messages like the one on Tuesday, to lose sight of the forest, to lose sight even of the trees.
But one thing is certain: what we do in this building is important. What we do here is vital to the daily lives of real children, real families and real communities. The words con tained in any bill translate into real lives. The numbers in any budget represent real peo ple.
Those numbers I spout so easily -- 299,000 HOPE Scholars, 60,000 four-year-olds in prekindergarten, 2,000 new jobs every week, two strikes and you're in for life, 57,000 fami lies off the welfare rolls -- they are more than just statistics.
Each number is a human being we have touched, and each touch is like a pebble tossed into the water, rippling through that person to touch their family, their community, their state. Behind each number is a face, a life, a promise, a future.

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So today, I want to show you something of what we have accomplished together, not just tell you. Today I want to bring you face-to-face with those to whom we've lent a hand. Just as I saw it with my own family on Christmas morning, I want you, today, to see Georgia's present and look into the eyes of Georgia's future.
As a father, grandfather and great-grandfather, I understand the deep desire that all parents have for their children to succeed, and the sacrifices that all parents make to help their children.
For years, parents all over Georgia had been urging their children to do well in school, and scrimping and saving and doing without in hopes of being able to send their child to college or to a technical school.
And then HOPE was born. In 1993, the State of Georgia entered into a covenant with those parents and their children. We said to all the children of this state: You study and you work hard in school, and HOPE will be there to help you go to college. You give some thing, you get something -- one of life's most important lessons.
And we helped Georgia families realize their hopes and dreams for the future.
Now, almost five years later, HOPE achieves an historic milestone. Today, the HOPE Scholarship Program reaches the 300,000 mark. 300,000 individual students from every corner of this state, from every kind of community, have earned free tuition at our state colleges or scholarships at our private colleges.
And today we have the honor of having one of those scholars with us. I am very pleased to introduce to you the 300,000th HOPE Scholar, Miss Lauren Stripling of Newnan, Geor gia. Lauren, will you please stand.
Lauren has a younger brother and an older sister, and I'll bet with three children, the HOPE Scholarship has come in handy when it comes to the family budget.
Lauren graduated from Newnan High School with an outstanding 3.8 grade point aver age, while at the same time playing Varsity soccer, working on the school paper and hold ing down a part-time job. Now she attends the University of Georgia, and has earned a perfect 4.0 this past summer and fall quarters. She told me she is thinking of majoring in history education and becoming a history teacher.
Lauren, from this old history teacher, I hope you do it. We need people like you in our classrooms. Thank you for coming today.
Let me add one footnote. We've touched this family before. Lauren's older sister was a 1994 HOPE Scholar and graduated in three years at UGA... all on HOPE. And I hear her younger brother is on track for a HOPE scholarship as well.
Folks, these three children in the Stripling family are a living, breathing legacy that we should all be proud of. By your support of the HOPE scholarship, each one of you has made a difference to the Stripling family and to tens of thousands of other Georgia fami lies.
The HOPE Scholarship Program is not the only innovation that has caught this nation's attention. In 1996, we embarked on another journey. We took Georgia where no state has ever gone before. At that time I compared it to Columbus sailing off into the unknown on the Nina, Pinta and Santa Maria.
We became the first state in the history of this nation to offer prekindergarten, free of charge, to every four-year-old whose parents want it. We are still the only state to do that.
Study after study documents that the impact of pre-K lasts well into adulthood, with higher education levels, greater earning power, stronger commitment to marriage, and lower incidence of welfare and crime. In the long-run, pre-K students are more likely to

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stay in school, achieve higher test scores, and graduate better prepared for further educa tion or the workforce.
More than 185,000 Georgia children have already benefitted from pre-K. What an incredible investment in our children and in our future.
Now I want you to see with your own eyes where that investment is going. I want you to look into the eyes of Georgia's future. Would you please welcome the pre-K class of Debbie Cost and Norma Luster from The Children's Center at All Saints.
Never doubt that providing pre-K for those children is one of the single most important investments we can make. Their head start will change the face of Georgia and the face of the South. Of that I have no doubt.
The pre-K program reflects my philosophy of education: Not just some, but every Geor gia child should enter school ready to learn. Not just some, but every Georgia child should have equal opportunity. Not just some, but every Georgia child deserves a head start.
And the pre-K program achieves that.
Now I want to brag on my wife of 44 years as of yesterday, Shirley Miller. For many years Shirley and I realized that the problem of illiteracy was costing Georgia both eco nomically and educationally.
Educationally, we were faced with the fact that nearly 30 percent of our adult popula tion had never completed high school. In some counties, it was more than 50 percent.
Economically, we discovered that over half a million adults in our workforce were func tionally illiterate, costing Georgia employers over $2 billion a year.
But, even more important, behind those cold numbers are warm bodies. Good, caring, decent people trapped in the darkness of illiteracy.
Shirley Carver Miller was determined to do something about it. She wanted this as her project. When she began in 1991, less than 70,000 adults were enrolled annually in literacy programs. Today, more than 100,000 are enrolled. When she began in 1991, only 13,000 Georgians were earning GEDs each year. Today, 21,000 earn their GEDa and a $500 HOPE scholarship voucher to continue their education.
When she began in 1991, only a few of Georgia's 159 counties had full-tune adult liter acy teachers. Today, every county has them, and more than 1,100 computers have been placed in literacy labs statewide to assist those instructors. State funding for adult literacy has tripled to almost $12 million annually.
Now I want to brag on two heroes: Willie Almond, Jr. from Franklin and Carrie Porter of Fort Valley. Will both of you please stand.
Willie Almond has an amazing story to tell. He runs a lawn service and landscaping business hi the city of Franklin. Fighting dyslexia since childhood, Mr. Almond quit school before he learned to read properly and had no plans to ever go back.
With the help of adult literacy instructors and his wife, Sarah, he can now read what ever he wants. But he didn't stop there. He worked to bring a countywide literacy program to Heard County, so others could be helped, too.
And he still didn't stop there. Ladies and gentlemen, as of January 2nd, let me intro duce you to Franklin, Georgia's first African-American city council member of this cen tury: Councilman Willie Almond, Jr.
Carrie Porter's middle name is "Determination." This woman doesn't understand the concept of giving up. She had to quit school after she became pregnant. She worked as a cook at Warner Robins Day Care Center for 17 years while raising four children.

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Then in 1993, Mrs. Porter entered an adult literacy center in Peach County and earned her GED. But she didn't stop there. In September of 1995, she enrolled at Georgia College in Milledgeville, and has now earned an associate degree in child development.
Remember I told you she was a cook for the Warner Robins Day Care Center for 17 years? Please meet the new director of the Warner Robins Day Care Center, Mrs. Carrie Porter.
Thank you both for being here today.
The State of Georgia has done a remarkable job of helping Lauren and Carrie and Willie, and thousands like them. But Georgia also has an obligation to protect our citizens as well.
So, I'd like to tell you a more somber story. We all know that DUI has been a plague on our streets and highways... that it has caused unnecessary death and bloodshed. Too many lives have been lost. Too many families have been shattered. Too much pain has been felt.
DUI criminals -- and that's what they are, criminals -- can terrorize any one of us at a moment's notice. They victimize at random. Each and every one of us is at risk the moment we get into a car or even walk down the sidewalk along the street.
It can strike anyone, anywhere, anytime. And it can be prevented. That is why drunk drivers have found no mercy during the Miller Administration.
But I had a more personal motivation as well. Back in 1992, Mr. Charles McManis was living in Jonesboro, and the first week of the session, he came to my office. I'd never met him before, and today is the first time we've spoken since that meeting.
He walked into my office and handed me a framed photograph -- this portrait of his daughter, Katherine Sue. She had just been killed by a drunk driver at the age of 21.
Mr. McManis talked not as constituent to Governor, but as father to father. Heart to heart. He asked me to keep this photograph in my office as a reminder of the terrible cost and terrible consequences of DUI. With tears in his eyes, he asked me not to forget about his daughter, and to please stop it from happening again.
Mr. McManis has come all the way from Dandridge, Tennessee, to be with us today. Thank you for doing that, and would you please stand.
Mr. McManis, I want you to know that up until the moment I removed it to bring it here with me today, I have kept your daughter's portrait on display in my office every sin gle day since our meeting six years ago.
This photo affected me. No longer was DUI just another political fight to win. No longer were those terrible DUI statistics just numbers. I had this face in front of me. And every single day I walked into my office, she was there.
Many people, visiting my office, have seen her picture and asked if she were my daugh ter or granddaughter. And each time I've told them this story. Today, I'm telling our whole state.
I cannot begin to comprehend the loss of a child to drunk driving. I won't even pretend to. Here was a young woman, full of life and promise, gone forever because of a stupid, senseless crime.
So each and every year I asked you to take another major step forward toward making our highways safe from drunk and drugged drivers. And you responded. In 1997, we passed one of the toughest DUI laws in America: Mandatory jail time for drunk drivers. No keep ing your license by pleading nolo. Confiscation of license plates. Zero tolerance for minors.

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That is the kind of DUI protection the law-abiding drivers of Georgia deserve. Because of our work for these tougher penalties, my hope and prayer is that there will be fewer drunken killers on the road.
Thank you, Mr. McManis for bringing your daughter's picture to my office and for being here with us today.
Now let me tell you about some individuals who could not be here today. Thanks to your help, we passed "two-strikes and you're out." The toughest crime law in the nation. And thanks to that law, there are 1,710 violent criminals who could not be here today, or anywhere else, because they are locked away in Georgia prisons.
Those 1,710 criminals were convicted under our "two-strikes" law, and they are going to serve every year, every month, every day, every second of their sentences without parole.
And let me tell you something else. Collectively, those 1,710 thugs were responsible for more than 9,800 crimes, including over 4,900 violent crimes. But thanks to the two-strikes law, they are no longer a threat to the law-abiding people of Georgia.
And that's why you now see headlines like this one right here. This year, we're going to do more.
We have not only made our human environment safer, we have also taken major steps to preserve our natural environment. One of our biggest success stories has been Preserva tion 2000, our program to protect more than 100,000 acres of natural land.
As I am speaking, television viewers are looking at some of the gorgeous natural features that Preservation 2000 has saved. Places like Little Tybee Island, Tallulah Gorge and Smithgall Woods. You in this chamber are looking at someone shaped by that rugged land, because your Governor is very much a product of the North Georgia mountains.
I am so fortunate for that. I grew up surrounded by the spectacular beauty of the mountains. It is a part of me wherever I go.
We created Preservation 2000 with very ambitious goals, some said too ambitious to pro tect 100,000 acres of wildlife habitat and natural areas, and save it for future generations. And we succeeded. We preserved land in some 50 counties from Dade and Walker in the northwest, to Mclntosh in the southeast... From Rabun in the far northeast corner to Decatur in the far southwest corner. From the coast to the mountains, Preservation 2000 touches every part of the state.
This land is our common gift, a wonderful gift that God gave to all of us, and now a gift we treasure and nurture and pass on to our children and to generations yet to come. And this year, we will do even more.
On January 14, 1991, after I had taken the oath of office as Governor of this state, I talked about the people to whom my administration would be dedicated: The small busi ness owners, the bold entrepreneurs, the family farmers, the senior citizens, and, as I put it then, the "young families struggling to afford day care now and save for college later."
I went on: "It is to every family that works and saves and sometimes comes up a little short at the end of the month, that this administration is dedicated." I summed it up by saying, and I quote, "The central purpose of the Miller administration will be to prepare Georgia for the 21st century. Education is the most important part of that purpose. With out it, nothing else can save us. With it, nothing else can stop us."
Today I am proud to say that with your good help, I have kept that faith. I have fought that fight, although I've still got some fight left in me, and I am preparing to finish the course.

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JOURNAL OF THE HOUSE,

So now, as the pages turn on the final chapter of my career as a public servant, I remember how it was in that first chapter of my life, growing up in that remote valley, in that same house in which we just celebrated Christmas.
On summer nights before the TVA dammed up the Hiawassee River and brought elec tricity to the valley, after the moon had come up over Double Knobs and the lightning bugs were blinking, while the frogs croaked down at the creek, and the katydids sang, and every once in a while a whippoorwill's lonesome cry could be heard, I remember after my mother had finally quit working and was getting us quiet and ready for bed... I remember we'd play a game.
The game would start when the headlights of that rare car would penetrate the dark ness, maybe once every half-hour, on the narrow strip of cracked asphalt across the ditch in front of our house. We'd stare as the headlights would disappear and then reappear as it made its way around the steep curves and finally across Brasstown Mountain.
We'd count and we'd see how long it took from the time it went by the house until its taillights disappeared through the distant gap and it was no longer a part of that one and only world I knew.
It was often at this time that my Mother would laugh and say, "You know what's so great about this place? You can get anywhere in the world from here."
That world has turned many times since I first traveled that narrow road through that gap and out of that valley. It has been a long road with many twists and turns, ups and downs, bumps and wrecks. A road that finally carried me to the highest office of the tenth largest state in the nation, to all the continents and famous cities of the world, into the Oval Office of the White House and onto Air Force One, to Madison Square Garden, where I spoke to 20 million people through a medium unknown and unimagined when I was a child watching those cars and playing that game.
And so I close my last State of the State Address, knowing that once again my mother has been proved right. One could get anywhere in the world from that little mountain val ley... and back again. And I've always wanted that to be true for every child in Georgia.
Everywhere I've ever been was on my way back home. I want to thank the people of this great state for entrusting to me for eight years your Office of Governor. I hope I have served you well. And I want to thank my very special staff who has served me so well.
Thanks to all of you -- my family, my friends, and my God -- it has been one heck of a ride.
But we still have work to do. So let's get at it.

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:

HR 810. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Connell of the 115th and Buck of the 135th

A RESOLUTION Relative to adjournment; and for other purposes.

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107

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 16, 1998, and shall reconvene on Monday, January 26, 1998.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1998 session of the General Assembly until its adjournment sine die, unless otherwise provided by reso lution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Alien Y Andereon
YAshe Y Bailey 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 Campbell Y Canty YCasb Y Channel! 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 YDeLoach, G
Dii Dixon YDobbs Y Dukes YEhrhart
YBpps YEvans
Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley
Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane
YLee Y Lewis
Lord Y Lucas YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCaU
McClinton Y McKinney Y Mills YMobley YMosley YMueller YO'Neal YOrrock YParham

YParrish Parsons
YPelote Y Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter YPowell
YPurcell YRagas YRandall YRay Y Reeves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett EScheid Y Scott Y Shanahan YShaw
Sherrill
YShipp 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 YSmyre YSneUing
Snow YStallings EStancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
YTeague YTeper
Y Thomas YTillman Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
YWest Y Westmoreland
YWhitaker Y Wiles Y Williams, B Y Williams, J
Williams, R YWorthan
YYates Murphy, Spkr

On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution was adopted.

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

Mr. Speaker:

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JOURNAL OF THE HOUSE,

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

HB 1148.

By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A bill to amend an Act providing for the Board of Education of Clarke County, so as to change the provisions relating to elections of members of said board.

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 rec ommendations:
HB 804 Do Pass, by Substitute HB 1164 Do Pass HB 1165 Do Pass
Respectfully submitted, /s/ Martin of the 47th
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 844 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 886 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

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109

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 740 Do Pass HR 743 Do Pass

HR 791 Do Pass HR 792 Do Pass

Respectfully submitted, kl Lee of the 94th
Chairman

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

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Representative Hall, Atlanta, Georgia Friday, January 16, 1998

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 Ashe Bailey
Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon
Bordeaux Bradford Breedlove
Bridges Brooks Brown Buck
Bunn Burkhalter
Byrd Campbell Cash Childers Clark Coan Coleman, B Connell

Cooper
Crews Cummings
DeLoach, B DeLoach, G Dixon EDobbs Dukes Ehrhart Epps Evans Everett
Felton Floyd Franklin
Golden Graves Greene Grindley
Hammontree Harbin
Heard Hecht Hecks tan
Hegstrom EHenson
Holland Houston Howard

Hudgens Hugley Jackson
James Jamieson
Jenkins Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Maddoi Mann Manning
Martin, J Martin, J.L
Massey McBee
McCall McKinney
Mills Mosley Mueller
O'Neal Parham

Parrish Parsons Pelote Perry Pinholster Poag PoweU Purcell Ragas Randall Ray Reaves Reichert Rice Richardson Roberts
Rogers
Royal
Sanders
Scarlett
E Scheid
Scott Shanahan
Shipp
Sims
Skipper
Smith, C
Smith, C.W

Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow S tailings Stancil, F Stancil, S Stephens Taylor Teper Thomas Titus Tolbert
Trense
Twiggs
Walker, R.L
Watson West
Westmoreland
Whitaker
Wiles
Williams, B
Worthan
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lucas of the 124th, McClinton of the 68th, Sinkfield of the 57th, Polak of the 67th, Tillman of the 173rd, Turnquest of the 73rd, Crawford of the 129th, Ponder of the 160th, Walker of the 141st, Stanley of the 50th, Stanley of the 49th, Sauder of the 29th, Jones of the 71st, Davis of the 48th, Culbreth of the 132nd, Day of the 153rd, Davis of the 60th, Buckner of the 95th, Holmes of the 53rd, Orrock of the 56th, Channell of the lllth, Teague of the 58th, Smyre of the 136th, Shaw of the 176th and Canty of the 52nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Charles Smith, Pastor, Eton Baptist Church, Eton, 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 16, 1998

111

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

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

HB 1116. By Representatives Golden of the 177th, Jamieson of the 22nd, Royal of the 164th, Floyd of the 138th and Barfoot of the 155th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to computation of Georgia taxable net income, so as to provide for a deduction with respect to certain health insurance costs of self-em ployed individuals.
Referred to the Committee on Ways & Means.

HB 1124. By Representatives Williams of the 83rd and Bannister of the 77th:
A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Anno tated, relating to the tangible personal property inventory exemption, so as to require certain comprehensive and consolidated hearings or appeals.
Referred to the Committee on Ways & Means.

HB 1125. By Representatives Williams of the 83rd and Day of the 153rd:
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 with respect to uniform property tax administration and equalization, so as to require the use of generally acceptable accounting principles in appraisal pro cedures.
Referred to the Committee on Ways & Means.

HB 1130. By Representatives Williams of the 83rd, Everett of the 163rd, Powell of the 23rd, McCall of the 90th, Bannister of the 77th and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, so as to provide for a short title; to define certain terms; to provide for the certification of telecommunications companies which bill for or solicit intrastate telecommunications services.
Referred to the Committee on Industry.

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HB 1294. By Representatives Powell of the 23rd and Hudson of the 156th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to coin operated amusement machines, so as to redefine a term used in such chapter; to correct a cross reference; to change the provi sions relating to the display of stickers issued for coin operated amusement machines.
Referred to the Committee on Ways & Means.

HB 1295. By Representative Jamieson of the 22nd:
A bill to amend Code Section 2-6-32 of the Official Code of Georgia Anno tated, relating to duties of soil and water conservation district supervisors, so as to change certain provisions regarding surety bonds; to provide for a sum mary of certain financial data.
Referred to the Committee on Natural Resources & Environment.

HB 1296. By Representative Barnes of the 33rd:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to physicians, physician's assistants, and respiratory care, so as to provide for a statement of purpose; to provide for applicability of a cer tain continuing education requirement; to revise the laws relating to the practice of medicine and the laws relating to physician's assistants; to pro vide for definitions; to provide for the creation of the Georgia Medical Board.
Referred to the Committee on Health & Ecology.

HB 1297. By Representative Barnes of the 33rd:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide penalties for the willful refusal to provide access to public records or the will ful refusal to allow the examination or copying of records.
Referred to the Committee on Judiciary.

HB 1298. By Representatives Sauder of the 29th, Franklin of the 39th, Cooper of the 31st, Parsons of the 40th, Manning of the 32nd and others:
A bill to amend an Act to provide for the method of filling vacancies on the Board of Education of Cobb County, so as to provide for the timing of a spe cial election to fill vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1299. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, relating to instructors in driver training and operators of driver train ing schools, so as to change certain provisions relating to exceptions from operation of chapter.
Referred to the Committee on Motor Vehicles.

FRIDAY, JANUARY 16, 1998

113

HB 1300. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 84 and 87.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1301. By Representative Jamieson of the 22nd:
A bill to amend Code Section 2-6-33 of the Official Code of Georgia Anno tated, relating to powers of soil and water conservation districts and supervi sors, so as to change certain provisions regarding certain soil conservation, erosion control, or erosion prevention projects.
Referred to the Committee on Natural Resources & Environment.

HB 1302. By Representative Williams of the 63rd:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions relative to domestic relations, so as to clarify that any action by a church or religious organization can have no effect on the legal rights of a child of such a marriage.
Referred to the Committee on Judiciary.

HB 1303. By Representative Jones of the 71st:
A bill to amend Code Section 14-3-1041 of the Official Code of Georgia Annotated, relating to procedures for the amendment of articles of incorpora tion of nonprofit corporations, so as to provide that any nonprofit corpora tion which amends its articles of incorporation shall operate as a for profit corporation without making provision for the distribution of its assets as pro vided by law shall be ineligible to contract with the state for the provision of private health insurance to certain uninsured children.
Referred to the Committee on Judiciary.

HB 1304. By Representative Hudgens of the 24th:
A bill to amend Code Section 32-6-75 of the Official Code of Georgia Anno tated, relating to restrictions on outdoor advertising which is otherwise authorized by Code Sections 32-6-72 and 32-6-73, so as to change the provi sions relating to signage near a public park, public playground, public recre ation area, public forest, scenic area, or cemetery.
Referred to the Committee on Transportation.

HB 1305. By Representative Polak of the 67th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and mainte nance, so as to provide for a mileage-based system of auto emission inspec tion payments.
Referred to the Committee on Natural Resources & Environment.

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HB 1306. By Representative Polak of the 67th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that a defendant charged with theft by receiving stolen property or possession of a firearm by a convicted felon or first offender probationer may be tried upon an accusa tion in certain circumstances.
Referred to the Committee on Special Judiciary.

HB 1307. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st and Ragas of the 64th:
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 change the provisions relating to reporting of persons hired or returning to work.
Referred to the Committee on Judiciary.

HB 1308. By Representatives Martin of the 47th, Teper of the 61st and Ragas of the 64th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to provide for a family support registry and for duties, powers, and functions relating thereto.
Referred to the Committee on Judiciary.

HB 1309. By Representative Clark of the 3rd:
A bill to provide a homestead exemption from all Catoosa County School District ad valorem taxes for educational purposes in the amount of the full value of the homestead for certain residents of that school district who are 75 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1310. By Representative Clark of the 3rd:
A bill to provide a homestead exemption from all Catoosa County ad valorem taxes in the amount of the full value of the homestead for certain residents of that county who are 62 years of age or over and who have an annual household income of $14,000.00 or less.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1311. By Representatives Day of the 153rd, Bannister of the 77th, Davis of the 60th and Stephens of the 150th:
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 require units of local government to prepare ten-year estimations of costs with respect to certain projects.
Referred to the Committee on State Planning & Community Affairs.

FRIDAY, JANUARY 16, 1998

115

HB 1312. By Representatives Day of the 153rd, Everett of the 163rd, Bannister of the 77th, Davis of the 60th and Stephens of the 150th:
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 senior citizens with respect to state ad valorem taxes.
Referred to the Committee on Ways & Means.

HB 1313. By Representatives Day of the 153rd, Everett of the 163rd, Bannister of the 77th, Davis of the 60th and Stephens of the 150th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxa tion, so as to repeal certain provisions regarding the manner and time of making the state ad valorem tax levy.
Referred to the Committee on Ways & Means.

HB 1314. By Representatives Day of the 153rd, Bannister of the 77th, Davis of the 60th and Stephens of the 150th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide for a homestead exemption from all ad valorem taxation in this state in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of each county who have annual incomes not exceeding $60,000.00.
Referred to the Committee on Ways & Means.

HB 1315. By Representatives Purcell of the 147th, DeLoach of the 172nd, Lane of the 146th, Manner of the 159th, Mosley of the 171st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to provide for resident and nonresident commercial food shrimp cast netting licenses; to provide for the reporting of certain information relating to commercial fishing.
Referred to the Committee on Game, Fish & Parks.

HB 1316.

By Representatives Ragas of the 64th, Davis of the 60th, Dix of the 76th, Bordeaux of the 151st, Jones of the 71st and others:
A bill to amend Article 4 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to dismissal and renewal of civil cases may be recommenced in federal court if such a recommencement is not prohibited by federal law.

1/15/98
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1316. This notice is made prior to or upon reading the bill the first time.
/s/ Arnold Ragas

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JOURNAL OF THE HOUSE,

Referred to the Committee on Judiciary.

Representative 64th District

HB 1317. By Representatives Ragas of the 64th, Joyce of the 1st, Maddox of the 72nd and Randall of the 127th:
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 the counsel of a person charged with a felony shall have the right to be present when evidence is presented to the grand jury seeking an indictment against such person.
Referred to the Committee on Special Judiciary.

HB 1318. By Representatives Holland of the 157th, Jenkins of the 110th and Buck of the 135th:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to provide that the loss of a will creates a rebuttable presumption that the testator intended to revoke the will; to provide a procedure for overcoming such presumption.
Referred to the Committee on Judiciary.

HB 1319. By Representative Mann of the 5th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals, so as to require hospi tals to make available certain drugs for surgeries or provide notices regarding why such drugs are not necessary or available.
Referred to the Committee on Health & Ecology.

HB 1320. By Representatives DeLoach of the 172nd, Tillman of the 173rd and Scarlett of the 174th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain House districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1321. By Representatives Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Mills of the 21st, Crews of the 78th and others:
A bill to amend Article 1 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the departments of audits and accounts, so as to provide for performance audits and reports of budget units in state government.
Referred to the Committee on Appropriations.

HB 1322. By Representatives Williams of the 83rd and Day of the 153rd:
A bill to amend Code Section 48-5-32 of the Official Code of Georgia Anno tated, relating to publication of ad valorem tax rates, so as to provide for additional required information to be published.
Referred to the Committee on Ways & Means.

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117

HB 1323. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Ragas of the 64th, Bordeaux of the 151st and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to provide for the utilization of private funds by the Georgia Indigent Defense Council.
Referred to the Committee on Judiciary.
HB 1324. By Representative Jamieson of the 22nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation or 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 1325. By Representative Birdsong of the 123rd:
A bill to amend Article 2 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to veterans' civil service preference, so as to pro vide priority in programs of job training and employment assistance for .cer tain veterans who served in the armed forces of the United States.
Referred to the Committee on Defense & Veterans Affairs.
HB 1326. By Representatives Jones of the 71st and Randall of the 127th:
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 prohibit the Department of Medical Assistance from adopting or administer ing a state plan that includes the requirement of a marketing enrollment coordinator as the means for the marketing to or the enrolling of Medicaid recipients into a health maintenance organization.
Referred to the Committee on Health & Ecology.
HB 1327. By Representatives Smith of the 109th, Howard of the 118th, Bannister of the 77th and Martin of the 47th:
A bill to amend Code Section 24-3-18 of the Official Code of Georgia Anno tated, relating to the admissibility of medical reports, so as to provide that the provisions of said Code section shall not be applicable to workers' com pensation claims; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for criminal penalties for willful retention of income benefits to which an employee is not entitled.
Referred to the Committee on Industrial Relations.

HB 1328. By Representatives Williams of the 83rd, Barnard of the 154th, Westmoreland of the 104th, Coleman of the 80th and Dobbs of the 92nd:
A bill to amend Code Section 17-10-16 of the Official Code of Georgia Anno tated, relating to imprisonment for life without parole, so as to provide that a person who is convicted of the murder of a peace officer, corrections employee, fireman, or school teacher while engaged in the performance of his or her official duties may be sentenced to death or to life without parole.
Referred to the Committee on Judiciary.

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HB 1329. By Representative Joyce of the 1st:
A bill to amend Chapter 7 of Title 49 of the Official Code of Georgia Anno tated, the "Family-Planning Services Act," so as to prohibit certain state and local agencies from providing contraceptives which have as a primary medi cally recognized usage the inducing of a spontaneous abortion.
Referred to the Committee on Health & Ecology.

HR 811. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th, James of the 140th, McCall of the 90th and others:
A resolution urging the Secretary of Agriculture and the Congress of the United States to take appropriate action to have the State of Georgia declared an agricultural disaster area.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 812. By Representatives Barnard of the 154th, Lee of the 94th, Murphy of the 18th, Buck of the 135th, Coleman of the 142nd and others:
A resolution designating the Dewey D. Rush Highway.
Referred to the Committee on Transportation.

HR 813. By Representatives Barnes of the 33rd and Murphy of the 18th:
A resolution honoring Honorable George T. Smith and designating a portion of Georgia Highways 112 and 93 as the "George T. Smith Highway".
Referred to the Committee on Transportation.

HR 814. By Representatives Day of the 153rd, Tolbert of the 25th, Bannister of the 77th, Davis of the 60th and Stephens of the 150th:
A resolution proposing an amendment to the Constitution so as to eliminate the annual levy of state ad valorem taxes on certain tangible property.
Referred to the Committee on Ways & Means.

HR 815. By Representatives Day of the 153rd, Bannister of the 77th, Davis of the 60th and Stephens of the 150th:
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 816. By Representatives Day of the 153rd, Bannister of the 77th, Davis of the 60th and Stephens of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize, upon approval in a local referendum, the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem tax purposes at their fair market value as of the date of the owner's acquisition thereof.
Referred to the Committee on Ways & Means.

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119

HR 817. By Representatives Irvin of the 45th, Mueller of the 152nd, Crews of the 78th, Ehrhart of the 36th, Evans of the 28th and others:
A resolution proposing an amendment to the Constitution so as to provide that certain appropriated state funds will not lapse and may be expended for performance bonuses and other purposes.
Referred to the Committee on Appropriations.

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

HB 1120 HB 1122 HB 1123 HB 1126 HB 1134 HB 1138 HB 1236 HB 1237 HB 1238 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244 HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HB 1254 HB 1255 HB 1256 HB 1257 HB 1258 HB 1259 HB 1260 HB 1261 HB 1262 HB 1263 HB 1264 HB 1265 HB 1266 HB 1267

HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277 HB 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HB 1284 HB 1285 HB 1286 HB 1287 HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HR 779 HR 780 HR 781 HR 782 HR 783 HR 784 HR 785 HR 786 HR 787 HR 788 HR 789 HR 790

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

Mr. Speaker:

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

HB 1031.

By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to change the provisions relating to the authority and jurisdiction of the City Manager of the City of Savannah.

HB 1032.

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 providing for a chief judge of the Recorder's Court of Chatham County, so as to provide that the chief judge shall be responsible for the supervision of the director of the recorder's court and the director shall report to the chief judge or his or her designee.

HB 1168.

By Representatives Murphy of the 18th, Stallings of the 100th and West of the 101st:
A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or par tially within Carroll County.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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.

Representative Richardson of the 26th 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 Coan of the 82nd arose to a point of personal privilege and addressed 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 730 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Robert Benham, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
The Honorable Robert Benham appeared upon the floor of the House and addressed the Joint Session.

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121

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 adopted:

HR 818. By Representative Ray of the 128th: A resolution recognizing and honoring N. W. "Newt" Jordan.

HR 819. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Rev. Agnes Louise Weston.

HR 820. By Representative Barnes of the 33rd: A resolution recognizing and commending Bishop Chandler D. Owens.

HR 821. By Representatives Day of the 153rd, Walker of the 141st, Lee of the 94th, Irvin of the 45th, Buck of the 135th and others:
A resolution commending Mrs. Deen Day Smith.

HR 822. By Representative Coleman of the 80th: A resolution welcoming Data General's Customer Service Center.

HR 823. By Representatives Lewis of the 14th, Childers of the 13th and Cummings of the 27th:
A resolution commending Dr. Lance D. Barry.

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

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 Anno tated, relating to retirement allowance options under the Employees' Retire ment System of Georgia, so as to provide that a retired member who marries may elect a spouse's option.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to 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; to provide con ditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to retirement allowance options under the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) A member may elect to convert the retirement allowance otherwise payable to him or her into a modified retirement allowance of equivalent actuarial value in accordance with one of the options set forth in subsections (b) through (e) of this Code section?; provided, however, that fee the member may only make such election after he or she has become eligible to retire and before the first payment of his or her retirement allowance normally becomes due; provided, further, that if a member was or is unmarried at the time he or she retires and subsequently marries, such member may make such election not later than December 31, 1998, or within six months after the date of marriage, whichever date is later. If a member with a named living beneficiary dies or is deter mined to be mentally incompetent after becoming eligible to retire, his or her election, or option two in the absence of such election, shall be effective."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 114, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 Anno tated, 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.

The following Committee substitute was read and adopted:

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 pro vide that members may retire with less than 30 years of service; to provide for a reduced retirement allowance; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following:

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"(e) In the case of any member who has at least 25 but less than 30 years of creditable service and who has not reached the age of 60 years upon retirement, the service allow ance set forth in subsection (a) of this Code section shall be reduced by an actuarial equivalent certified by the board of trustees. Such reduced amount shall take into con sideration the member's age and number of years of creditable service at the time of retirement and shall be sufficient to permit retirement at such age or with such number of years of creditable service without creating any accrued liability against the retire ment system. Such reduction shall not apply in calculating the service allowance for dis ability retirement or death. Any member who retires with less than 30 years of creditable service or who has not obtained the age of 60 at the time of retirement shall not become eligible for postretirement benefit adjustments until such time as the mem ber reaches the age of 60 or would have obtained 30 years of creditable service, which ever occurs earlier."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 381. By Representative Childers of the 13th:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Anno tated, relating to retirement benefits under the Public School Employees Retirement System, so as to increase the retirement benefit.

The following Committee substitute was read and adopted:

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; 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 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, is amended by striking in its entirety subsection (b), and inserting in lieu thereof the following:
"(b) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $10.00 $12.00 multiplied by the number of the member's years of creditable service. The retire ment benefit provided under this subsection shall be payable to those members who

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have already retired under this chapter as well as those members who retire in the future. If the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retire ment benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $8.00 $9.50 multi plied by the member's years of creditable service."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following Committee substitute was read and adopted:

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; to provide for employer and employee contributions; to provide for creditable service for such persons for prior service; to provide for creditable service for members of such retirement system for prior service as a locally paid employee of a district attorney's office; to provide for mat ters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 per sonnel in the Employees' Retirement System of Georgia, is amended by inserting immedi ately following Code Section 47-2-264 a new Code section to read as follows:
"47-2-264.1.

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125

(a) As used in this Code section, the term: (1) 'Circuit paid district attorney employee' means any full-time assistant district attorney, secretary, investigator, clerical assistant, paraprofessional, or victim or wit ness assistance personnel employed by a district attorney of a multicounty judicial cir cuit from funds paid for the operation of such office by the counties of such judicial circuit and who is not eligible for membership in a county retirement system.
(2) 'State paid district attorney employee' means any full-time assistant district attor ney, secretary, or investigator employed by a district attorney who is a member of this retirement system pursuant to the provisions of Code Section 47-2-262, 47-2-264, or 47-2-265.
(b) Upon the enactment of a rule or regulation of each of the counties composing a judi cial circuit so authorizing, a circuit paid district attorney employee may, at his or her option, elect to become a member of this retirement system. Once such a rule or resolu tion is adopted by each county in the judicial circuit, no revocation shall be effective until the rule or resolution is resolved in each such county, and any revocation of the privilege imparted thereby shall not apply to any employee employed prior to the effec tive date of such revocation. Any such employee shall exercise his or her option to become a member of this retirement system by so notifying the board of trustees not later than 60 days after becoming eligible, and, once made, such election shall be irrevo cable. The employing district attorney's office shall deduct from each such member's compensation the member's contribution, and the employing district attorney's office shall pay the employer's contribution from funds paid to such office by the counties composing the judicial circuit.
(c) Any person electing to become a member of this retirement system pursuant to the provisions of subsection (b) of this Code section shall be subject to the provision of Code Section 47-2-334; provided, however, that any member who, without a break in service, accepts employment as a circuit paid district attorney employee shall continue in the same membership status possessed by the member immediately prior to accepting such employment without any interruption in membership and without the loss of any credit able service.
(d) Any member who becomes a member of this retirement system pursuant to the pro visions of subsection (b) of this Code section shall be entitled to receive up to five years of creditable service for prior service as a circuit paid district attorney employee during which the member was not a member of any other public retirement system as provided in this subsection. In order to receive such creditable service, the member shall provide the board of trustees with proof satisfactory to the board of the period of employment as a circuit paid district attorney employee and the compensation received during that tune and shall pay to the board of trustees the employer and employee contributions which would have been paid by or on behalf of such member if he or she had been a member, together with regular interest thereon. The employing district attorney's office is authorized to supplement such payments from such funds as are available to it from the counties composing the judicial circuit. The member shall receive such creditable service as may be granted without creating any accrued unfunded liability of this retire ment system.
(e) Any state paid district attorney employee who is a member of this retirement system on July 1, 1998, shall be entitled to receive up to five years of creditable service for prior service as a circuit paid district attorney employee during which the member was not a member of any other public retirement system as provided in this subsection. In order to receive such creditable service, the member shall provide the board of trustees with proof satisfactory to the board of the period of employment as a circuit paid district attorney employee and the compensation received during that time and shall pay to the board of trustees the employer and employee contributions which would have been paid by or on behalf of such member if he or she had been a member, together with regular interest thereon. The employing district attorney's office is authorized to supplement such payments from such funds as are available to it from the counties composing the judicial circuit. The member shall receive such creditable service as may be granted without creating any accrued unfunded liability of this retirement system."

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SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 Offi cers' Annuity and Benefit Fund, so as to change the provisions relating to definitions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 9.
The Bill, having received the requisite constitutional majority, was passed.

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 Anno tated, relating to the Judges of the Probate Courts Retirement Fund of Geor gia, 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.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

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..

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

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127

On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 retire ment system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bilk of the House and has instructed me to report the same back to the House with the following recommendations:

HB 544 Do Pass HB 820 Do Pass

HB 942 Do Pass HB 1177 Do Pass

Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

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

HR 810. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Connell of the 115th and Buck of the 135th:
A resolution relative to adjournment.

Pursuant to HR 810, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 26, 1998.

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Representative Hall, Atlanta, Georgia Monday, January 26, 1998

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 Asbe Bailey Bannister Barfoot
Barnard Barnes Bates Benefield Birdsong Bordeaux Bradford
Bridges Brooks Brown Buck Buan Byrd
Campbell Canty Cash Channell Guilders Clark Coan Coleman, B Coleman, T Connell Cooper Crawford Crews

E Culbreth CununixiKS Davis, M DeLoach, B DeLoach, G Dizon Dukes Ehrhart Epps
Everett Felton Floyd Franldin Golden Graves Greene Grindley Hammontree Harbin Heard Hecht Hecks tall Hegstrom EHenson Holland Houston Howard Hudgens Hudson, H

Hudson, N Hugley Irvin Jackson James Johnson Jobnston Jones Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddoi Mann Manning
Martin, J Massey McBee McClinton McKinney Mills Mosley Mueller O'Neal
Parham

Parrish Parsons Pelote Perry PinhoUter Poag Ponder Porter Powell Purcell Ragas Ray Reichert Rice Richardson Roberts Rogers Royal Sanders Scarlett Scheid Scott Shanahan Shaw
Shipp
Sims
Sinkfleld Skipper Smith, C Smith, C.W

Smith, L Smith, L.R Smith,? Smith, T Smith, V Snelling Snow S tailings Stancil, F Stancil, S Stanley, L Stephens Taylor Teper Tilhnan Titus Trense Turnquest Twiggs
Watson West
Westmoreland Whitaker Wiles Williams, B WUliams, J Williams, R Worthan
Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Orrock of the 56th, Martin of the 145th, Sauder of the 29th, Day of the 153rd, Bohannon of the 139th, Burkhalter of the 41st, Sherrill of the 62nd, Hanner of the 159th, Walker of the 87th, Tolbert of the 25th, Jamieson of the 22nd, Polak of the 67th, Thomas of the 148th, Mobley of the 69th, Dobbs of the 92nd, Stanley of the 49th, Teague of the 58th, Buckner of the 95th, Alien of the 117th, Smyre of the 136th, Dix of the 76th, Jenkins of the 110th, Davis of the 48th, Randall of the 127th and McCall of the 90th.
They wish to be recorded as present.

Prayer was offered by the Reverend J. Phillip Baker, Pastor, New Piney Grove Mis sionary 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.

MONDAY, JANUARY 26, 1998

129

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

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

HB 1330. By Representatives Day of the 153rd, Stephens of the 150th 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 require units of local government to prepare ten-year estimations of costs with respect to certain projects.
Referred to the Committee on State Planning & Community Affairs.

HB 1331. By Representative Evans of the 28th:
A bill to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions applicable to animal pro tection, so as to change the definition of pet dealer and pet dealership; to provide that animal foster homes and grooming facilities shall not be consid ered animal shelters, kennels, or pet dealers.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1332. By Representatives Martin of the 47th, Skipper of the 137th, O'Neal of the 75th, Titus of the 180th, Hudson of the 120th and others:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physician's assistants, so as to provide for federal registration regarding certain orders involving controlled substances.
Referred to the Committee on Health & Ecology.

HB 1333. By Representatives Parsons of the 40th, Snow of the 2nd and Shipp of the 38th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide that it shall be unlawful for any person or entity to use an assumed or fictitious name in the conduct of its business to intentionally misrepresent the geographic origin or location of any such person or entity.
Referred to the Committee on Industry.

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HB 1334. By Representative Stancil of the 91st:
A bill to provide a homestead exemption from Oconee County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1335. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Oconee County, so as to change the provisions relating to bonds of the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1336. By Representative Stancil of the 91st:
A bill to provide a homestead exemption from Oconee County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1337. By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Anno tated, relating to the enforcement of state minimum standard building codes, so as to change the provisions relating to the requirement that certain infor mation be printed on county and municipal building permits.
Referred to the Committee on Industry.

HB 1338. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Elections and Registration of Oconee County, so as to change the membership of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1339. By Representatives Bannister of the 77th, Wiles of the 34th, Mueller of the 152nd, Davis of the 60th and Mann of the 5th:
A bill to amend Chapter 33 of Title 31 of the Official Code of Georgia Anno tated, relating to health records, so as to provide for rights regarding health records of patients who are unemancipated minors.
Referred to the Committee on Health & Ecology.

HB 1340. By Representative McBee of the 88th:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to petroleum products, so as to require the posting of certain information in retail establishments selling motor oil for use in automobiles.
Referred to the Committee on Industry.

MONDAY, JANUARY 26,1998

131

HB 1341. By Representatives Hugley of the 133rd and Taylor of the 134th:
A bill to amend Code Section 16-7-21 of the Official Code of Georgia Anno tated, relating to criminal trespass, so as to prohibit certain orders to depart property and provide that failure to obey such orders shall not constitute the offense of criminal trespass and shall not authorize the removal of persons otherwise subject to such orders.
Referred to the Committee on Special Judiciary.

HB 1342. By Representatives Everett of the 163rd, Day of the 153rd, Clark of the 3rd, Evans of the 28th, Snelling of the 99th and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Anno tated, relating to definitions regarding ad valorem taxation of property, so as to provide for additional considerations when determining the value of real property.
Referred to the Committee on Ways & Means.

HB 1343. By Representatives Titus of the 180th, Martin of the 47th, Walker of the 87th, Massey of the 86th, Sanders of the 107th 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 green treefrog as the official state amphibian.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1344. By Representatives Williams of the 63rd, Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use tax, so as to provide for an exemption for the sale of Boy Scout popcorn to or by member councils of the Boy Scouts of the U.S.A.
Referred to the Committee on Ways & Means.

HB 1345. By Representative Crews of the 78th:
A bill to amend Code Section 50-5-136 of the Official Code of Georgia Anno tated, relating to powers of the State Use Council, so as to exempt certain services from having to be obtained from certain programs and centers.
Referred to the Committee on Industry.

HB 1346. By Representatives Wiles of the 34th and Ehrhart of the 36th:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Anno tated, relating to safety belts required as passenger vehicle equipment and safety restraints for children four years of age or younger, so as to provide for the offense of nonrestraint of a child passenger four years of age or youn ger resulting in death or serious injury to the child.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

HB 1347. By Representative Skipper of the 137th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to aircraft used solely for certain agricultural purposes.
Referred to the Committee on Ways & Means.

HB 1348. By Representative Skipper of the 137th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of grass sod.
Referred to the Committee on Ways & Means.

HB 1349. By Representative Floyd of the 138th:
A bill to amend Code Section 10-1-3 of the Official Code of Georgia Anno tated, relating to requirements for retail installment contracts, limitations, and prepayment, so as to raise the amount of the acquisition cost allowed to the retailer when prepayment is made.
Referred to the Committee on Banks & Banking.

HB 1350. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, Reaves of the 178th, Porter of the 143rd and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for fruit or nut trees grown in this state and remaining in the possession of a producer of fruit or nuts, trees grown in this state for sale as Christmas trees and remaining in the possession of the producer, etc.
Referred to the Committee on Ways & Means.

HB 1351. By Representative Lane of the 146th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and mini mum and maximum size limits for certain finfish species and species groups, so as to change certain possession, creel, and size limits for certain species.
Referred to the Committee on Game, Fish & Parks.

HB 1352. By Representative Lane of the 146th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relat ing to identification of boats taking shrimp; to provide for a recreational fish ing license for all waters of this state.
Referred to the Committee on Game, Fish & Parks.

MONDAY, JANUARY 26,1998

133

HR 824. By Representatives Everett of the 163rd, Day of the 153rd, Clark of the 3rd, Snelling of the 99th, Bates of the 179th and others:
A resolution proposing an amendment to the Constitution so as to provide that owner occupied, residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value on the basis of continuing that property's highest and best use.
Referred to the Committee on Ways & Means.

HR 825. By Representative Powell of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Franklin County.
Referred to the Committee on State Institutions & Property.

HR 826. By Representatives Everett of the 163rd, Burkhalter of the 41st, Hammontree of the 4th, Bannister of the 77th, Clark of the 3rd and others:
A resolution proposing an amendment to the Constitution so as to provide that real property and interests therein shall be appraised for ad valorem taxation purposes for no more than their purchase price value as of the date of the owner's acquisition thereof.
Referred to the Committee on Ways & Means.

HR 827. By Representatives Day of the 153rd, Stephens of the 150th, Everett of the 163rd, Trense of the 44th and Stancil of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize, upon approval in a local referendum, the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their feat mar ket value as of the date of the owner's acquisition thereof.
Referred to the Committee on Ways & Means.

HR 828. By Representatives Richardson of the 26th and Murphy of the 18th:
A resolution authorizing the conveyance of certain state owned real property interests located in Paulding County.
Referred to the Committee on State Institutions & Property.

HR 829. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th and Graves of the 125th:
A resolution authorizing the conveyance of certain state owned real property located in Bibb County.
Referred to the Committee on State Institutions & Property.

HR 830. By Representative Smith of the 169th:
A resolution proposing an amendment to the Constitution so as to provide for an exemption for certain tangible personal property consisting of the retail inventory of a small business taxpayer.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE,

HR 831. By Representative Smith of the 169th:
A resolution proposing an amendment to the Constitution so as to provide that no bill or resolution of the General Assembly intended to have the effect of law which either enacts a new statute or Act or amends an existing statute or Act shall pass unless such bill or resolution also repeals two or more exist ing statutes or Acts.
Referred to the Committee on Judiciary.

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

HB 1116 HB 1124 HB 1125 HB 1130 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300
HB 1301 HB 1302
HB 1303 HB 1304
HB 1305 HB 1306
HB 1307 HB 1308
HB 1309 HB 1310
HB 1311 HB 1312
HB 1313

HB 1314 HB 1315 HB 1317 HB 1318 HB 1319 HB 1320 HB 1321 HB 1322 HB 1323 HB 1324 HB 1325 HB 1326 HB 1327 HB 1328 HB 1329
HR 811 HR 812
HR 813
HR 814
HR 815
HR 816 HR 817
HB 1316

Pursuant to Rule 52, Representative Ragas of the 64th moved that the following bill of the House be engrossed:

HB 1316. By Representatives Ragas of the 64th, Davis of the 60th, Dix of the 76th, Bordeaux of the 151st, Jones of the 71st and others:
A bill to amend Article 4 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to dismissal and renewal of civil cases may be recommenced in federal court if such a recommencement is not prohibited by federal law.
On the motion, the roll call was ordered and the vote was as follows:

Alien YAndereon NAshe Y Bailey N Bannister
Barfoot Barnard Y Barnes N Bates YBenefield

Y Birdaong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown Y Buck
Buckner

N Burn N Buikhalter
Byrd N Campbell
Canty N Cash Y Channel! Y Childere N Clark N Coan

N Coleman, B Y Coleman, T Y Connell N Cooper Y Crawford N Crews E Culbreth Y Cummings
Davis, G N Davis, M

Day N DeLoach, B N DeLoach, G N Dix Y Dixon Y Dobba Y Dukes N Ehrhart Y Epps N Evans

MONDAY, JANUARY 26, 1998

135

NEverett NFelton YFloyd N Franklin N Golden N Graves YGreene NGrindley NHammontree YHanner N Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard NHudgens Y Hudson, H Y Hudson, N YHugley NIrvin N Jackson

Y James YJamieson YJenkira N Johnson NJohnston Y Jones N Joyce N Kaye N Ladd N Lakly Y Lane Y Lee N Lewis Y Lord Y Lucas Y Maddox N Mann N Manning Y Martin, J N Martin, J.L N Massey Y McBee
McCall Y McClinton
McKinney N Milk

Y Mobley Y Mosley N Muellei
O'Neal Orrock Y Parham Y Panish N Parsons Y Pelote Y Perry N Pinholster Y Poag Y Polak Ponder Y Porter Powell Y Purcell Y Ragas Y Randall Ray Y Reaves Y Reichert N Rice N Richardson Y Roberts Y Rogers

Y Royal N Sanders N Sauder N Scarlett N Scheid N Scott Y Shanahan Y Shaw Y Sherrill N Shipp Y Sims 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
Smyre N Snelling Y Snow Y Stallings Y Stancil, F N Stancil, S

Y Stanley, L Stanley,? Stephens
Y Tayloi Teague
Y Teper Y Thomas YTfflman N Titus Y Tolbert NTrenee Y Turaquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmoreland N Whitaker N Wiles
Williams, B N Williams, J N Williams, R N Worthan N Yates
Murphy, Spkr

On the motion, the ayes were 86, nays 72. The motion was lost.

Representative Stephens of the 150th 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 Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 777 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 1278 Do Pass HB 1279 Do Pass
Respectfully submitted, M Royal of the 164th
Chairman

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JOURNAL OF THE HOUSE,

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

HB 1278. By Representatives Scott of the 165th and Hudson of the 156th:
A bill to amend an Act amending an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide a date for a referendum.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1279.

By Representatives Scott of the 165th and Hudson of the 156th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to change the terms of office of certain council dis tricts.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SR 485. By Senators Clay of the 37th and Cagle of the 49th:
A resolution designating June 27-28, 1998, as Amateur Radio Weekend in honor of Georgia's amateur radio operators.

The Speaker Pro Tern assumed the Chair.

Representative Scheid of the 17th 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 Brooks of the 54th 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:

MONDAY, JANUARY 26, 1998

137

HR 833. By Representatives Buck of the 135th, Royal of the 164th, Parrish of the 144th, Lane of the 146th, Walker of the 141st and others:
A resolution inviting Matt Kuchar, the winner of the 1997 United States Amateur Golf Championship, to appear before the House of Representatives.

HR 834. By Representatives Hugley of the 133rd, Stanley of the 50th, Taylor of the 134th and Smyre of the 136th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., on the occasion of its 90th anniversary and inviting Dr. Lucretia Payton-Stewart to appear before the House of Representatives.

HR 835. By Representative Greene of the 158th:
A resolution recognizing and commending Chris McCoy and inviting him to appear before the House of Representatives.

HR 836. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution recognizing and commending the Georgia Farm Bureau Federa tion and inviting its president to appear before the House of Representatives.

HR 846. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st, Lee of the 94th, Buck of the 135th and others:
A resolution commending M. Douglas Ivester and inviting him to appear before the House of Representatives.

HR 848. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st and Lee of the 94th:
A resolution commending M. Douglas Ivester and inviting him to appear before the House of Representatives.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 833 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 943. By Representative Cummings of the 27th:
A bill to amend Chapter 21 of Title 47 of the Official Code of Georgia Anno tated, 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.

138

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 YAnderson YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnee Y Bates YBenefield
YBirdsong Y Bohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn
Y Burkhalter YByrd
Y Campbell Y Canty YCash
ChanneU
YChilden Y Clark YCoan YColeman, B YColeman, T
ConneU Y Cooper Y Crawford Y Crews

E Culbreth Y CumnincB
Y Davig, G YDavis, M
Day DeLoach, B YDeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpp. Y Evans YEverett Felton YFloyd Y Franklin
Golden Graves YGnene YGrindley Y Hammontree YHanner
Y Harbin Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley 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 Y Martin, J Y Martin, J.L YMassey
YMcBee YMcCall Y McClinton
YMcKinney Mills
YMobley YMosley
Y Mueller YO-Neal
YOrrock YParbam

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag
Polak Ponder Y Porter
YPowell YPureell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid YScott
Y Shanahan YShaw YSherrill 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 Stand], F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
YWhi taker 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.

Representatives Mills of the 21st, Channell of the lllth, Stephens of the 150th and Day of the 153rd 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 944. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Anno tated, relating to service retirement benefits, employee contributions, and related matters relative to members of the Employees' Retirement System of Georgia who became members on or after July 1, 1982, so as to provide that membership service may include certain prior service as a member of such retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide creditable service for certain prior service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

MONDAY, JANUARY 26, 1998

139

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employ ees' Retirement System of Georgia, is amended by inserting immediately following Code Section 47-2-96.1 the following:
"47-2-96.2.
(a) As used in this Code section, 'uncredited full-time service' means employment by the executive branch of the state government after January 1, 1980, and prior to January 1, 1986, on a full-time salaried basis for which the employee was authorized to accrue annual and sick leave but which did not qualify the employee to be a member of the retirement system. (b) A member may not obtain more than three years of creditable service for uncredited full-time service. The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement system if the member had been a member during the period for which credit able service is claimed based on compensation actually received for the service which is claimed as creditable service together with regular interest thereon. (c) The board of trustees shall require such proof of service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1,1999."
SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (f) Code Section 47-2-334, relating to service retirement and related matters for members who became members on or after July 1, 1982, and inserting the following:
"(2) Except as otherwise provided in Code Sections 47-2-96.1, 47-2-96.2. 47-2-204, 47-2-225, and 47-2-266 and paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee mem bership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and".
SECTION 3. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBiidsong YBohannon

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 Cash
Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
ConneU Y Cooper Y Crawford Y Crews

E Culbreth Y Cummings Y Davit, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion Y Dobbs Y Dukes Y Ehrhart

Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden
Graves Y Greene Y Grindley Y Hamnwmtree Y Manner

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JOURNAL OF THE HOUSE,

Y Harbin Y Heard
YHecht YHeckstall
YHegstrom Henson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N
Y Hugley Ylrvin Y Jackson
James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye

YLadd YLakly YLane YLee Y Lewis
YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey
YMcBee
YMcCall Y McClinton Y McKinney
Mills Y Mobley Y Mosley YMueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurcell 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 YSherrill
Shipp YSims Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, L.R Y Smith,? Y Smith, T Y Smith, V YSmyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Mills of the 21st, Channell of the lllth, Day of the 153rd and Stephens of the 150th 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 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 mem bers of such retirement system.

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

Y Alien YAnderson YAshe Y Bailey 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 YCash
Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews E Culbreth Y Cuminiiiffs Y Davis, G Y Davis, M
Day Y DeLoach, B YDeLoach, G YDix

Y Dixon 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 YHecht YHeckstall Y Hegstrom
Henson

Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee

Y Lewis YLord Y Lucas Y Maddox YMann Y Mflnning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney
Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons

MONDAY, JANUARY 26, 1998

141

YPelote Perry
YPtaholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves YReichert

YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder YScarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Sherrill
Shipp

Y Sims 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 Y Snow Y Stallings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Y Teper Y Thomas Y Tfflman
Titus Y Tolbert Y Trense
Tumquest

Y Twiggs Y Walker, L Y Walker, R.L Y Watson 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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Mills of the 21st, Channell of the lllth and Day of the 153rd 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 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 qualifica tions for holding public office regarding the holding of unaccounted for pub lic money due the state or its political subdivisions.

The following Committee substitute was read:

A BELL
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 con tained 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; to pro vide that all municipal officers and peace officers shall take and subscribe to the oath required by Code Section 45-3-1; 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 3 of Title 45 of the Official Code of Georgia Annotated, relating to official oaths, is amended by striking Code Section 45-3-1 and inserting in its place the following:
"45-3-1. Every public officer shall:
(1) Take the oath of office; (2) Take any oath prescribed by the Constitution of Georgia; (3) Swear that he or she is not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (4) Swear that he or she is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he or she is by the laws of the State of Georgia prohibited from holding; (5) Swear that he or she is otherwise qualified to hold said office according to the Constitution and laws of Georgia;

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(6) Swear that he or she will support the Constitution of the United States and of this state; and (7) If elected by any circuit or district, swear that he or she has been a resident thereof for the time required by the Constitution and laws of this state."
SECTION 2. Said article is further amended by adding, following Code Section 45-3-10, a new Code Section 45-3-10.1 to read as follows:
"45-3-10.1. (a) Code Sections 45-3-1 through 45-3-10 shall apply to all municipal corporations and to all peace officers of this state or any political subdivision or authority thereof. (b) When taken by municipal officers, official oaths shall be filed in the office of the judge of the probate court. When taken by peace officers, official oaths shall be filed in the records of such department or agency."
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.

An amendment offered by Representative Ehrhart of the 36th was ruled not germane.

The Committee substitute was adopted.

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

Y Alien
YAndenon YAshe
Y Bailey Y Bannister YBarfoot Y Barnard Y Banns
Bates YBenefield YBirdsong
YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd
Y Campbell Y Canty YCash YChannell YChilders Y Clark YCoan Y Coleman, B Y Coleman, T
Connell

Y Cooper Y Crawford Y Crews
ECulbreth Y Cummiiigs YDavis, G YDavis, M YDay YDeLoach, B YDeLoach, G YDii YDiion YDobbs Y Dukes
Y Ehrhart YEpps Y Evans
YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley
Y Hammontree Manner
Y Harbin Y Heard YHecht YHeckstall Y Hcgstrom YHenson

Y Holland Y Holmes Y Houston Y Howard
YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones
Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox
YMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall

YMcClinton YMcKinney Y Mills Y Mobley YMosley YMueller YO-Neal YOrrock YParham YParrish
Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder
Y Porter YPowell YPurcell YRagas YRandall
Hay Y Reaves
YReichert YRice Y Richardson Y Roberta Y Rogers Y Royal N Sanders Y Sauder YScarlett

YScheid Y Scott Y Shanahan YShaw YSherrill YShipp 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 YSmyre YSnelling YSnow YStallings
YStancU, F Y StancU, S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague
YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense

MONDAY, JANUARY 26, 1998

143

YTumqueat YTwiggs Y Walker, L

Y Walker, RL Y Watson 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 173, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 832. By Representatives Buck of the 135th, Royal of the 164th, Parrish of the 144th, Lane of the 146th, Walker of the 141st and others:
A resolution commending Matt Kuchar.

HR 845. By Representatives Bradford of the 30th, Sauder of the 29th and Murphy of the 18th:
A resolution recognizing and commending Ralph Hancock on the occasion of his 85th birthday.

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

HR 740. By Representatives Franklin of the 39th and Parsons of the 40th:
A resolution commending the Lassiter High School Marching Trojan Band and inviting them to appear before the House of Representatives.

HR 743. By Representatives Rice of the 79th, Coleman of the 80th and Johnston of the 81st:
A resolution recognizing and commending the Norcross High School Concert Band and inviting the band to appear before the House of Representative.

HR 777. By Representatives Bannister of the 77th and Crews of the 78th:
A resolution inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives.

HR 791. By Representatives Day of the 153rd, Walker of the 141st, Lee of the 94th, Irvin of the 45th, Buck of the 135th and others:
A resolution inviting Mrs. Deen Day Smith, the National Mother of the Year, to appear before the House of Representatives and for other purposes.

HR 833. By Representatives Buck of the 135th, Royal of the 164th, Parrish of the 144th, Lane of the 146th, Walker of the 141st and others:
A resolution inviting Matt Kuchar, the winner of the 1997 United States Amateur Golf Championship, to appear before the House of Representatives.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:

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Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1209 Do Pass HB 1211 Do Pass

HB 1212 Do Pass HR 811 Do Pass

Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1222 Do Pass HB 1252 Do Pass
Respectfully submitted, /s/ Childers of the 13th
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 rec ommendations:
HB 1199 Do Pass HB 1307 Do Pass
Respectfully submitted, /s/ 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 HB 1180 Do Pass SB 111 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 168th
Chairman

MONDAY, JANUARY 26, 1998

145

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 338 Do Pass, by Substitute HB 571 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 27, 1998

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:

Bailey Barfoot Bamw Bates Benefield Birdsong
Bradford Bridget Brooks Brown Buck
Burkhalter Byrd Campbell Canty Cash Childers Clark Coan Coleman, B Cornell Cooper Crawfopd Crews

E Culbreth Cummings DeLoach,G Diion Dobbs Ehrbart
Everett Floyd Franklin Golden Greene Hammontree Harbin Heard Hecht Heckstall Henson Holland Houston Howard Hudgens Hudson, H Hudson, N Hugley

Jackson Jamieson Jenkins Jobnston Kaye Ladd Lakly Lane Lee Lewis Lord Mann Manning
Martin, J Martin, J.L
McBee McCall
McClinton McKinney Mills Mosley MueUer O'Neal Parrish
Parsons

Pelote Perry Pinholster Poag Porter Powell Ray Reaves Reichert Rice Richardson Roberts Rogers Royal
Sanders
Sauder
Scott
Shanahan
Shipp
Sims
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, L.R

Smith, P Smith, T Smith, V Snelling Snow Stallings Stancil, F Stancil, S Stephens Taylor Teper Thomas Tillman
Tolbert
Trense
Twiggs
Walker, L
West
Westmoreland
Whitaker
WUes
Williams, B
Williams, R
Worthan
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Channell of the lllth, Turnquest of the 73rd, Irvin of the 45th, Sherrill of the 62nd, DeLoach of the 172nd, Manner of the 159th, Scheid of the 17th, Polak of the 67th, Orrock of the 56th, Hegstrom of the 66th, Stanley of the 49th, Shaw of the 176th, Purcell of the 147th, Titus of the 180th, Ashe of the 46th, Dix of the 76th, Graves of the 125th, Joyce of the 1st, Yates of the 106th, Barnard of the 154th, Scarlett of the 174th, Mobley of the 69th, Walker of the 87th, James of the 140th, Dukes of the 161st, Watson of the 70th, Epps of the 131st, Davis of the 60th, Alien of the 117th, Anderson of the 116th, Day of the 153rd, Ragas of the 64th, Ponder of the 160th, Randall of the 127th, Sinkfield of the 57th, Teague of the 58th, Maddox of the 72nd, Stanley of the 50th, Bordeaux of the 151st, Williams of the 83rd, Grindley of the 35th, Felton of the 43rd and Smyre of the 136th.
They wish to be recorded as present.

Prayer was offered by the Reverend Ray V. Spann, Pastor, Lost Mountain Baptist Church, Powder Springs, 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.

TUESDAY, JANUARY 27, 1998

147

The Journal was confirmed.

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

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

HB 1353. By Representatives Walker of the 141st, Buck of the 135th, Sauder of the 29th, Felton of the 43rd and Dix of the 76th:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Anno tated, relating to taxation of corporations and allocation and apportionment of income, so as to authorize the state revenue commissioner to enter into an agreement with the taxpayer to establish an allocation and apportionment formula under certain conditions.
Referred to the Committee on Ways & Means.

HB 1354. By Representatives Parrish of the 144th, Stallings of the 100th, Thomas of the 148th, Golden of the 177th, Bates of the 179th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide for definitions; to provide for regulatory parity; to provide for confidentiality of departmental records and exceptions; to provide for rule-making authority.
Referred to the Committee on Banks & Banking.

HB 1355. By Representatives Jones of the 71st, Jenkins of the 110th, Poag of the 6th and Davis of the 48th:
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 for a surcharge on certain fines; to provide that such funds shall be paid to the various sheriffs' offices to purchase new equipment.
Referred to the Committee on Public Safety.

HB 1356. By Representatives Jones of the 71st and Ragas of the 64th:
A bill to amend Code Section 33-21-10 of the Official Code of Georgia Anno tated, relating to the responsibility of health maintenance organizations for the financial risks of providing services generally, so as to provide that con tracts between a health maintenance organization and providers shall not include a hold harmless clause.
Referred to the Committee on Insurance.

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HB 1357. By Representative Jones of the 71st:
A bill to amend Code Section 16-11-37 of the Official Code of Georgia Anno tated, relating to terroristic threats and acts, so as to change provisions relat ing to penalties.
Referred to the Committee on Special Judiciary.

HB 1358. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to provide for the power of the mayor to vote on matters before the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1359. By Representatives Polak of the 67th, McClinton of the 68th and Mobley of the 69th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that allowance of vari ances for certain land-disturbing activities shall take into account impact on flood plains and stream banks.
Referred to the Committee on Natural Resources & Environment.

HB 1360. By Representatives Powell of the 23rd, Floyd of the 138th and Coleman of the 142nd:
A bill to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passen ger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.
Referred to the Committee on Special Judiciary.

HB 1361. By Representatives Irvin of the 45th, Martin of the 47th and Ashe of the 46th:
A bill to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding property acquisi tion for transportation purposes, so as to limit acquisition of property and expenditures of state funds by the Department of Transportation for certain public road construction or alteration when opposed by counties or munici palities in which such projects are located and opposed by regional develop ment centers or metropolitan area planning and development commissions.
Referred to the Committee on Transportation.

HB 1362. By Representative Campbell of the 42nd:
A bill to amend Code Section 18-4-64 of the Official Code of Georgia Anno tated, relating to the service of a copy of a summons of garnishment upon a defendant, so as to increase the time allowed for the plaintiff to provide written notice to the defendant after the service of a summons of garnish ment from three to seven business days.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 27, 1998

149

HB 1363. By Representatives Mills of the 21st and Crews of the 78th:
A bill to amend Chapter 7 of Title 49 of the Official Code of Georgia Anno tated, the "Family-Planning Services Act," so as to require the consent of certain parents or legal guardians of minors prior to providing such minors with state funded birth control drugs or devices or certain examinations.
Referred to the Committee on Judiciary.
HB 1364. By Representatives Stancil of the 16th, Pinholster of the 15th, Irvin of the 45th, Ehrhart of the 36th and Evans of the 28th:
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 provide for certification of certain grants; to provide for powers, duties, and authority of the state auditor with respect to the foregoing.
Referred to the Committee on State Planning & Community Affairs.
HB 1365. By Representatives Royal of the 164th, Buck of the 135th, Walker of the 141st, Cummings of the 27th, Reaves of the 178th and others:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to specify addi tional circumstances under which certain penalties shall not apply.
Referred to the Committee on Ways & Means.
HB 1366. By Representative Reichert of the 126th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to coverage of claims against uninsured motorists, so as to change certain provisions relating to service of process upon insurance com panies which issued uninsured motorist policies.
Referred to the Committee on Judiciary.
HB 1367. By Representative Reichert of the 126th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for certain circumstances under which accident reports may be disclosed.
Referred to the Committee on Judiciary.

HB 1368. By Representatives Reichert of the 126th and Crawford of the 129th:
A bill to amend Code Section 48-3-21.1 of the Official Code of Georgia Anno tated, relating to statute of limitations provisions for the enforcement of exe cutions issued for ad valorem taxes in amounts less than $1.00, so as to increase the threshold amount to $5.00.
Referred to the Committee on Ways & Means.

HB 1369. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regula tion of independent agricultural crop consultants; to provide a short title; to provide for definitions; to create the Georgia Board of Agricultural Crop Consultants.
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 1370. By Representatives Stencil of the 16th, Sinkfield of the 57th and Pinholster of the 15th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for issuance of special "Support School Nurses" license plates.
Referred to the Committee on Motor Vehicles.

HB 1371. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and pro vide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1372. By Representative Polak of the 67th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to make certain changes to conform with the federal National Securities Markets Improvements Act of 1996.
Referred to the Committee on Banks & Banking.

HB 1373. By Representatives Irvin of the 45th, Ashe of the 46th, Ehrhart of the 36th, Everett of the 163rd, Lane of the 146th and others:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Anno tated, relating to labor practices, so as to change the prohibitions against strikes by state employees so as to apply to additional public employees.
Referred to the Committee on Industrial Relations.

HB 1374. By Representatives Ehrhart of the 36th, Franklin of the 39th, Kaye of the 37th, Shipp of the 38th, Parsons of the 40th and others:
A bill to amend an Act creating the Board of Commissioners of Cobb County, so as to provide that neither Cobb County nor its agents or officials 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 State Planning & Community Affairs - Local.

HB 1375. By Representatives Sims of the 167th, Lewis of the 14th, Dixon of the 168th, Bordeaux of the 151st, Ragas of the 64th and others:
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 provide for the criminal offense of criminal threats or acts against any elected constitutional executive officer or member of the General Assembly and against such person's family members on account of the performance of such person's official duties.
Referred to the Committee on Special Judiciary.

TUESDAY, JANUARY 27, 1998

151

HB 1376. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to membership of county boards of health, so as to provide that the county superintendent of schools may designate a person to serve in such superintendent's place as a member of such board.
Referred to the Committee on Health & Ecology.

HB 1377. By Representatives Wiles of the 34th, Ehrhart of the 36th, Barnes of the 33rd, Sauder of the 29th, Manning of the 32nd and others:
A bill to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the organization of schools and school systems, so as to authorize the State Board of Education to waive certain requirements relating to middle school grants for a limited period of time.
Referred to the Committee on Education.

HB 1378. By Representatives Ehrhart of the 36th, Campbell of the 42nd, Wiles of the 34th and Richardson of the 26th:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, com pensation of officers, and inspection and certification of breath-testing instruments, so as to provide for legal sufficiency of implied consent notices for certain purposes in certain cases.
Referred to the Committee on Motor Vehicles.

HB 1379. By Representatives Jones of the 71st, Brooks of the 54th and Dukes of the 161st:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recog nizances, so as to prohibit the requirement of bail for misdemeanors and vio lations of county and city ordinances.
Referred to the Committee on Special Judiciary.

HB 1380. By Representatives Tolbert of the 25th, Harbin of the 113th, McCall of the 90th, Jamieson of the 22nd, Mills of the 21st and others:
A bill to amend Code Section 33-9-9 of the Official Code of Georgia Anno tated, relating to use of rating systems, underwriting rules, or forms of rating or advisory organizations, so as to provide for variances from fire insurance rate classifications for local fire prevention districts upon request of county governing authorities.
Referred to the Committee on Insurance.

HB 1381. By Representatives Tolbert of the 25th, Harbin of the 113th, Rogers of the 20th, McCall of the 90th, Jamieson of the 22nd and others:
A bill to amend Code Section 33-9-4 of the Official Code of Georgia Anno tated, relating to standards applicable to making and use of insurance rates, so as to regulate fire insurance rate classification for local fire prevention dis tricts.
Referred to the Committee on Insurance.

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HB 1382. By Representatives Williams of the 83rd, Coan of the 82nd, Bates of the 179th, Massey of the 86th, Dix of the 76th and others:
A bill to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to enact the "Private Property Rights Preservation Act".
Referred to the Committee on Judiciary.

HB 1383. By Representatives Ashe of the 46th, Day of the 153rd, Irvin of the 45th, Mueller of the 152nd, Franklin of the 39th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxa tion of property, so as to provide that, under certain circumstances, the price at which real property is sold in an arm's length, bona fide transaction shall be conclusively presumed to be the fair market value of the property.
Referred to the Committee on Ways & Means.

HB 1384. By Representatives Mueller of the 152nd, Pelote of the 149th, Felton of the 43rd, Bannister of the 77th, Irvin of the 45th 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 the receipt and transfer of certain quantities of table wine without having to be licensed, subject to certain taxation requirements.
Referred to the Committee on Regulated Beverages.

HB 1385. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Sims of the 167th, Stephens of the 150th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds by the State Board of Educa tion, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, so as to provide that all public elementary and secondary schools shall be closed on November 11 of each year in honor of veterans.
Referred to the Committee on Education.

HB 1386. By Representatives Snow of the 2nd, Shaw of the 176th, Holland of the 157th, Ray of the 128th and Perry of the llth:
A bill to amend Code Section 46-5-167 of the Official Code of Georgia Anno tated, relating to the universal access fund for basic local exchange services, so as to provide that a purpose of the universal access fund is to prevent consumers from suffering rate shock as the market for local exchange tele phone services moves from a regulated to unregulated environment.
Referred to the Committee on Industry.

HB 1387. By Representative Randall of the 127th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Anno tated, relating to administrative hearings and appeals under the "Georgia Medical Assistance Act of 1977," so as to change the provisions relating to request for hearings by providers of medical assistance.
Referred to the Committee on Special Judiciary.

TUESDAY, JANUARY 27, 1998

153

HB 1388. By Representatives Smith of the 169th, Barnes of the 33rd, Mosley of the 171st, Byrd of the 170th, Dixon of the 168th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemption of property from ad valorem taxation, so as to broaden the ad valorem tax exemption for places of religious worship to include properties owned by any national, state, or local denomination and the agencies thereof.
Referred to the Committee on Ways & Means.

HB 1389. By Representative Golden of the 177th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, the "Employment Security Law," so as to change the definition of the term "employment"; to change the provisions relating to the State-wide Reserve Ratio.
Referred to the Committee on Industrial Relations.

HB 1390. By Representative Randall of the 127th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Anno tated, relating to fees of sureties, so as to provide that sureties on criminal bonds in any court shall not charge or receive more than 15 percent of the amount of the bonds as compensation from defendants or from anyone acting for defendants.
Referred to the Committee on Special Judiciary.

HB 1391. By Representatives Crews of the 78th and Randall of the 127th:
A bill to enact the "Georgia Street Gangs Act of 1998"; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to designated felonies in juvenile court; to provide procedures under which additional assistant district attorneys may be autho rized; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses.
Referred to the Committee on Special Judiciary.

HB 1392. By Representative Murphy of the 18th:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Anno tated, relating to the crime of shoplifting, so as to change the threshold value of the property which is the subject of the theft for purposes of defining when the crime is a misdemeanor and when the crime is a felony.
Referred to the Committee on Special Judiciary.

HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th, Johnson of the 84th, Lane of the 146th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, mov ing water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
Referred to the Committee on Game, Fish & Parks.

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HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th, Johnson of the 84th, Lane of the 146th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.
Referred to the Committee on Game, Fish & Parks.

HB 1395. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th, Johnson of the 84th, Lane of the 146th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to provide for uni form restrictions on the speed of operation of vessels near moored or anchored vessels, any vessel adrift, wharfs, docks, swimmers, public use areas, or similar obstructions.
Referred to the Committee on Game, Fish & Parks.

HR 724. By Representatives Kaye of the 37th, Westmorland of the 104th, Lakly of the 105th, Scheid of the 17th, Bunn of the 74th and others:
A resolution creating the Joint Personal Income Tax Elimination Study Commission.
Referred to the Committee on Ways & Means.

HR 837. By Representative Greene of the 158th: A resolution compensating Ms. Wanda Torbert.
Referred to the Committee on Appropriations.

HR 838. By Representatives Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Pinholster of the 15th, Stencil of the 16th and others:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 839. 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 840. By Representatives Pinholster of the 15th and Stancil of the 16th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and the Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission.
Referred to the Committee on Rules.

TUESDAY, JANUARY 27, 1998

155

HR 841. By Representatives Stancil of the 91st, Cooper of the 31st, Murphy of the 18th, Smyre of the 136th, Walker of the 141st and others:
A resolution urging the Board of Regents of the University System of Geor gia to develop graduate medical education curricula in geriatrics, to create graduate medical education fellowships in geriatrics, and to establish a visit ing professorship in geriatrics to train faculty for medical universities.
Referred to the Committee on University System of Georgia.

HR 842. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funds for the control, management, and eradication of the red imported fire ant.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 843. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funding for the research and eradication of the Tomato Spotted Wilt Virus in Georgia.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 844. By Representatives Scheid of the 17th, Holmes of the 53rd, Hudson of the 156th, Stancil of the 16th, Pinholster of the 15th and others:
A resolution designating the Vickie E. Bell Memorial Bridge.
Referred to the Committee on Transportation.

HR 847. By Representative Smith of the 109th:
A resolution commending David P. Ridgeway, Sr.; designating the David P. Ridgeway, Sr., Bridge.
Referred to the Committee on Transportation.

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

HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HB 1336
flD loo/
TM HB 11333398
HB 1340
HB 1341
HB 1342
HB 1343
HB 1344
HB 1345

HB 1346 HB 1347 HB 1348 HB 1349 HB 1350 HB 1351 HB 1352
Tjp onA
1H5R 882255
HR 826
HR 827
HR 828
HR 829
HR 830
HR 831

156

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 836 Do Pass
Respectfully submitted, kl 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 122 Do Pass, by Substitute HB 1206 Do Pass SB 158 Do Pass, by Substitute
Respectfully submitted, M Randall of the 127th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - 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 1298 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs - Local:

HB 1298.

By Representatives Sauder of the 29th, Franklin of the 39th, Cooper of the 31st, Parsons of the 40th, Manning of the 32nd and others:
A bill to amend an Act to provide for the method of filling vacancies on the Board of Education of Cobb County, so as to provide for the timing of a spe cial election to fill vacancies.

TUESDAY, JANUARY 27, 1998

157

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

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

SR 86. By Senators Langford of the 29th, Dean of the 31st and Land of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly shall provide that certain fines and penal ties shall be paid into such fund; to provide for the submission of this amendment for ratification or rejection.

SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection.

SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others:
A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform.

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

SB 142. By Senators Broun of the 46th and Bowen of the 13th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to require candidates for the office of sheriff to submit to drug tests; to repeal certain provisions relating to training requirements; to provide certain exemptions; to change provisions relating to how vacancies in the office of sheriff are filled.

SB 403. By Senator Land of the 16th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, so as to apply a driving record under a learner's permit previously issued by another state toward meeting eligibility requirements for a Class D driver's license.

158

JOURNAL OF THE HOUSE,

SB 409. By Senators Walker of the 22nd, Dean of the 31st, Scott of the 36th and others:
A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Anno tated, relating to compensation of crime victims, and Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state wide probation system, so as to require a portion of probation supervision fees to be forwarded to the Georgia Crime Victims Emergency Fund; to pro vide an effective date.

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

SB 142. By Senators Broun of the 46th and Bowen of the 13th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to require candidates for the office of sheriff to submit to drug tests; to repeal certain provisions relating to training requirements; to provide certain exemptions; to change provisions relating to how vacancies in the office of sheriff are filled.
Referred to the Committee on Public Safety.

SB 403. By Senator Land of the 16th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, so as to apply a driving record under a learner's permit previously issued by another state toward meeting eligibility requirements for a Class D driver's license.
Referred to the Committee on Motor Vehicles.

SB 409. By Senators Walker of the 22nd, Dean of the 31st, Scott of the 36th and others:
A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Anno tated, relating to compensation of crime victims, and Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state wide probation system, so as to require a portion of probation supervision fees to be forwarded to the Georgia Crime Victims Emergency Fund; to pro vide an effective date.
Referred to the Committee on State Institutions & Property.

SR 86. By Senators Langford of the 29th, Dean of the 31st and Land of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly shall provide that certain fines and penal ties shall be paid into such fund; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Natural Resources & Environment.

TUESDAY, JANUARY 27, 1998

159

SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection.
Referred to the Committee on Rules.

SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others:
A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform.
Referred to the Committee on Rules.

The Speaker Pro Tern assumed the Chair.

Representative Bohannon of the 139th 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.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Ways and Means and referred to the Committee on Industry:

HB 1294.

By Representatives Powell of the 23rd and Hudson of the 156th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to coin operated amusement machines, so as to redefine a term used in such chapter; to correct a cross reference; to change the provi sions relating to the display of stickers issued for coin operated amusement machines.

The Speaker assumed the Chair.

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

HR 792. By Representatives Manning of the 32nd, Stancil of the 91st, Shipp of the 38th, Stanley of the 50th, Stanley of the 49th and others:
A resolution commending Ms. Rosalie Andrews and inviting her to appear before the House of Representatives.

HR 836. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution recognizing and commending the Georgia Farm Bureau Federa tion and inviting its president to appear before the House of Representatives.

The Speaker Pro Tern assumed the Chair.

160

JOURNAL OF 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 1131.

By Representatives Childers of the 13th, Martin of the 47th, Snow of the 2nd, Orrock of the 56th, Jones of the 71st and others:
A bill to amend an Act reorganizing the delivery of certain mental health and other services, so as to repeal a certain automatic repealer.

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 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
Burkhalter YByrd Y Campbell Y Canty 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
Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDii YDixon
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 YHeckstall Y Hegstrom Y Henson
Y Holland Y Holmes Y Houston 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
Lee Y Lewis
Lord Lucas
Maddoi YMann
Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley YMosley N Mueller YO'Neal
Orrock Parham

YParrish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas Randall
Ray 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
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 YSneUing YSnow YStallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens
Taylor Teague YTeper Thomas YTillman N Titus Y Tolbert YTrense Tumquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmorland Y Whitaker Y Wiles
N Williams, B Williams, J
Y Williams, R YWorthan Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burkhalter of the 41st, Hugley of the 133rd and Taylor of the 134th 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 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, JANUARY 27, 1998

161

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 Bannister YBarfoot Y Barnard YBames Y Bates Y Banefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Burkhalter
YByrd Y Campbell
Y Canty YCasb YChannell Y Childere 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 YDay Y DeLoach, B Y DeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree YHanner
Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y HudsoD, N Hugley
Ylrvin Jackson
Y James Jamieson
Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord
Lucas
Y Maddoi
YMann
Y Manning
Y Martin, J
Y Martin, J.L
YMassey
YMcBee
YMcCaU
Y McClinton McKinney
Y Mills Y Mobley Y Mosley Y MueUer Y O'Neal
Orrock Parham

Y Parrish Y Parsons
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
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
Y Smith, T
Y Smith, V
YSmyre
Y Snelling
YSnow
YStaUings
Y Stancil, F
Y Stancil, S
Y Stanley, L
Y Stanley, P
Y Stephens
Taylor
YTeague Teper Thomas
YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland 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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burkhalter of the 41st, Hugley of the 133rd and Taylor of the 134th 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.

HB 1165.

By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th, Lee of the 94th, Connell of the 115th and others:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution to crime victims, so as to provide that adult offenders convicted of offenses involving theft and damage to property be required to make restitution to victims who are not otherwise reimbursed or compensated.

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 Bannister YBarfoot Y Barnard
YBaraes

Y Bates Y Benefield
Birdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove
Y Bridges

Y Brooks Y Brown
YBuck
Y Buckner

162

JOURNAL OF THE HOUSE,

YBunn Y Burkhalter
Byrd
YCampbeU Canty
YCash Y Channel! YChilders Y Clark YCoan
YColeman, B Coleman, T
YConnell Y Cooper YCrawford YCrewB Y Culbreth Y Cununinff8
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDixon YDobbs
Dukes YEhrhart
YEpps Y Evans YEverett YFelton

YFloyd Y Franklin Y Golden
Y Graves YGreene YGrindley
Y Hanunontree Manner
Y Harbin Y Heard
YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N
Hugley Ylrvin Y Jackson
James Jamieson YJenkins 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 YMcCall
Y McClinton Y McKinney Y Mills
Y Mobley YMosley Y MueUer YO'Neal
Orrock Par ham
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 YScheid Y Scott Y Shanahan YShaw Y SherriU 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 YSnelling YSnow YStallings
Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens
Taylor YTeague YTeper
Thomas Y Tinman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland
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 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Birdsong of the 123rd, Hugley of the 133rd, Taylor of the 134th and Jamieson of the 22nd 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 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 Anno tated, relating to probate courts, so as to change provisions relating to failure to complete training required for judges of the probate courts.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to pro bate courts, so as to change provisions relating to failure to complete training required for judges of the probate courts; to provide for administrative and hardship extensions for failure to complete initial training or minimal credit hours annually; to provide for notifi cation of the Judicial Qualifications Commission and a recommendation for removal from office in certain circumstances; to remove provisions relating to private admonitions, hear ings, and reprimands; 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 15, relating to probate courts, is amended by striking in its entirety Code Section 15-9-1.1, relating to required training courses for judges of the probate courts, and inserting in its place the following:

TUESDAY, JANUARY 27, 1998

163

Any judge who fails to become a certified judge within one year or to earn the required cumulative annual minimal credit hours of training during any two year oneyear period may be given a six-month administrative extension by the Probate Judges Training Council during which to fulfill this requirement. Individual requests for extensions beyond the initial six-month extension for reasons of disability, hardship, or extenuating circumstance may be approved on a case by case basis by the Probate Judges Training Council. Upon failure to earn the required hours within the sixmonth extension period or additional extension period or periods granted, the Probate Judges Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend to the Supreme Court removal of the probate judge from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the probate judger a private admonition shall issue freta
Chief Justice ef the Supreme Court.

eeurt e the feature te meet the training requirements and conduct ahew cause heafgr At the hearing, the training council shall determine whether a reasonable eseuse easts for the judge's failure. Hthe training council determines the *euse was reason able; it may grant an extension of up te si* months within which aH unfulfilled mandatery training hours? together with current requirements; must be met? If- the training council finds that there was ne reasonable e*eus (or sueh failure, it shall issue a rep rimand and send it te the Supreme Court for approval. QreA arguments may fee heard under the rales ef- the Supreme Court. M the reprimand is approved by the Supreme
county WO.CFC ui& JUQC presides flud puuiisiiHtg sucii repnHQAAQ once ft WCCK ior ft peried of four consecutive weeks in the legal organ ef- the county."
SECTION 2. This Act shall become effective on January 1, 1999.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien YAndenton YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell

Y Canty Y Cash Y Channel! Y Childere 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 Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Diion 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
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Y Irvin Y Jackson Y James
Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord
Lucas Y Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L

Y Massey Y McBee
McCaU Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller Y O'Neal
Oirock 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

164

JOURNAL OF THE HOUSE,

YRandall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sander YScarlett

Y Scheid Y Scott Y Shanahan Y Shaw YSherrffl Y Shipp Y Suns 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 SnelUng Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P

Y Stephens Y Taylor Y Teague Y Tepei Y Thomas Y Tinman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L

Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitakei 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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 395. By Representative Ashe of the 46th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Anno tated, 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 practi tioner of the healing arts, hospital, or health care facility.

The following Committee substitute was read and adopted:

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; 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. 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," is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Applicability to nonparties. (1) This Code section shall also be applicable with respect to discovery against per sons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such dis covery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. (2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon all parties of record^ and where such a request to such a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon all parties of record, the person whose records are sought, and, if known, that

TUESDAY, JANUARY 27, 1998

165

person's counsel; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty e* any party; or the person whose records are sought may file an objection with the court in which the action is pending and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until fur ther order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-37 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within ten days of the request, the nonparty to whom the request is directed shall promptly comply therewith."
SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1998, and shall apply to requests made on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Anderson YAghe Y Bailey Y Bannister YBarfoot
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 Y Byrd Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews

Y Culbreth
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YD YDiion YDobbs Y Dukes
Ehrbart YEpps Y Evans Y Everett YFelton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James
Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Y Maddor 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
Orrock Parham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter
Powell
YPurcell YRagas YRandaU
Ray Reaves Y Reichert YRice Y Richardson Y Roberts Rogers Y Royal Sanders
Y Sauder
Y Scarlett
Y Scheid
Y Scott YShanahan
YShaw
YSherrill
YShipp
YSims
Y Sinkfield
Y Skipper
Y Smith, C
Y Smith, C.W
Y Smith, L

Y Smith, L.R Y Smith,? Y Smith, T
Y Smith, V YSmyre YSneUing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas
YTillman Y Titus YTolbert
YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

166

JOURNAL OF THE HOUSE,

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.

HB 886. By Representative Cummings of the 27th:
A bill to amend Chapter 2 of the Official Code of Georgia Annotated, relat ing to the Employees' Retirement System of Georgia, so as to change a cer tain definition; to remove a limitation on the compensation to be considered for calculating retirement benefits.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change a certain definition; to remove a limitation on the compensation to be considered for calculating retirement benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employ ees' Retirement System of Georgia, is amended by striking in its entirety subsection (b) of Code Section 47-2-28, relating to tables, calculations, and schedules for operation of the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
"(b) On and after April 1, 1964, the board of trustees is authorized to adopt simplified benefit tables which will enable a member to estimate his or her retirement allowances. Such tables shall (1) be based on an actuarial study, (2) maintain the actuarial sound ness of the retirement system, (3) for those members retiring on and after April 1, 1968, be applied to the member's highest average monthly earnable compensation during a period of eight 24 consecutive calendar quarters months while a member of the retireiRGiit system out sfi&ix AOV include fluy mcpcflsc QP QCCPCQ.SC 4R sojory tti excess ~of two 6 percent increases decreases during aweh eight calendar quarters, and (4) be applica ble to all members, provided that the application of such tables shall not reduce or impair the amount of any allowances or benefits to which any person who was a member on April 1, 1964, would have been entitled at that time or would be entitled at any time thereafter under tables or calculations which were in effect at that time or at any time prior thereto or at any time prior to the adoption of such simplified benefit tables."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-2-223, relating to retirement benefits applicable to certain law enforcement personnel, and inserting in lieu thereof the following:
"(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 24 consecutive calendar quarters months while a member of the retirement system but shall net include any decrease in salary that is eateess ef -twe -6 percent decreases <kg stteh eight calendar quarters."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 47-2-334, relat ing to service retirement allowances and related matters relative to certain members of such retirement system, and inserting in lieu thereof a new Code section to read as follows:
"(b)(l) Every member subject to this Code section shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of:

TUESDAY, JANUARY 27, 1998

167

(A) An annuity which shall be the actuarial equivalent of the member's accumu lated contributions at the time of retirement; and (B) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to more than 1.5 percent, but not greater than 2 percent, the actual percent to be set by the board of trustees in direct relation to the amount of increased appropriations provided by the General Assembly to fund the provi sions of this paragraph, of the member's highest average monthly earnable compen sation ver the eight during a period of 24 consecutive calendar quarters months ef creditable service producing th highest aweh average while a member of the retire ment system, multiplied by the number of the member's years of creditable service. (2) For members subject to this Code section, the calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the calculations provided for in paragraph (1) of this subsection. Per the purposes ef- ee&culating average monthly compcnaation as described in aubparagraph {B> ef- paragraph
Vi' 7 & tlllS 8U DBGCllOU; ftliy IHCFCflSC O QCCFC &SC ttJ SfllflPy 'tR GXC698 "Gt tWO "O pCTCCDl
1HCTCQSC9 Of ClCCFCftSCS uUFlfi Tn 61I1T COM9CCUTSVC Cfll DufiP CJUftHCFS OH WHICH 9UCQ
average monthly compensation is based shall be diarcgordod."
SECTION 4. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien
Y Andersen YAshe Y Bailey 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
Canty
YCash
Y Channel!
Y Guilders
Y Clark
YCoan
Y Coleman, B
Y Coleman, T

Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth
Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDfcon YDobbs Y Dukes YEhrhart YEpps Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene
YGrindley Y Hammontree Y Manner Y Harbin Y Heard
YHecht YHeckstall

Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N
Y Hugley Ylrvin Y Jackson Y James
Jamieson Y Jenkins
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 Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal
Orrock Parham 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 Sanders
Y Sauder Y Scarlett YScheid Y Scott Y Shanahan 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 YSnelling
YSnow YStallings Y Stancil, F Y StancU, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper

168

JOURNAL OF THE HOUSE,

Y Thomas YTfflman Y Titus Y Tolbert

YTrense Tumquest
YTwiggs
Y Walker, L

Y Walker, R.L Y Watson YWest 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 Anno tated, 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.

Representative Irvin of the 45th moved that further consideration of HB 942 be post poned until Thursday, January 29, 1998 immediately following the period of unanimous consents.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson YAshe
N Bailey Y Bannister
YBarfoot Y Barnard NBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford N Breedlove Y Bridges N Brooks
Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell
N Canty YCash N Channell
N Childera Y Clark YCoan Y Coleman, B
Coleman, T NConnell Y Cooper Y Crawford Y Crews

N Culbreth N Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii NDiion NDobbe N Dukes YEhrhart
NEpps Y Evans
Y Everett Felton
N Floyd Y Franklin N Golden Y Graves
N Greene Y Grindley
Y Hammontree N Hanner Y Harbin N Heard NHecht N Heckstall N Hegstrom N Henson N Holland NHohnes N Houston
N Howard Y Hudgens N Hudson, H

N Hudson, N N Hugley
Y Irvin Y Jackson
N James Jamieson
N Jenkins N 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 NMosley Y Mueller N O'Neal
NOrrock Parham

On the motion, the ayes were 74, nays 99. The motion was lost.

NParrish Y Parsons N Pelote N Perry Y Pinholster
NPoag NPolak Y Ponder N Porter N Powell NPurcell
NRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal
Y Sanders Y Sauder Y Scarlett Y Scheid N 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 YSnelling
NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor
NTeague NTeper
N Thomas NTillman Y Titus Y Tolbert YTrense
N Tumquest NTwiggs N Walker, L Y Walker, RL N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, B
Y Williams, J Y Williams, R
Y Worthan YYates
Murphy, Spkr

TUESDAY, JANUARY 27, 1998

169

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 N Bannister YBarfoot N Barnard YBarnes N Bates Y Benefield YBirdsong
Bohannon Y Bordeaux N Bradford N Breedlove N Bridges
Y Brooks N Brown
YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell Y Canty NCash Y Channell YChUders N Clark NCoan YColeman, B
Coleman, T YConnell
N Cooper Y Crawford N Crews

Y Culbreth Y Cummings
Davis, G N Davis, M NDay Y DeLoach, B N DeLoach, G NDii YDixon YDobbs Y Dukes NEhrhart YEpps N Evans NEverett N Felton
YFloyd N Franklin
Y Golden N Graves YGreene N Grindley N Hanunontree Y Manner Y Harbin Y Heard
YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H

Y Hudson, N Y Hugley NIrvin N Jackson Y James
Jamieson Y Jenkins Y Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis
YLord Lucas
Y Maddox NMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee YMcCall Y McClinton
Y McKinney N Mills Y Mobley YMosley N Mueller YO'Neal YOrrock
Parham

YParrish N Parsons Y Pelote Y Perry N Pinholster
YPoag YPolak N Ponder
Y Porter Y Powell
YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal N Sanders
Sauder N Scarlett N Scheid Y Scott Y Shanahan YShaw YSherrill YShipp
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 N Stephens Y Taylor YTeague YTeper Y Thomas YTillman N Titus Y Tolbert NTrense Y Turnquest
NTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmorland N Whitaker N Wiles N Williams, B N Williams, J Y Williams, R
Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, the ayes were 108, nays 64. The Bill, having received the requisite constitutional majority, was passed.

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.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Education and referred to the Committee on University System of Georgia:

HB 1267.

By Representatives Crews of the 78th, Tillman of the 173rd, Smith of the 169th, Grindley of the 35th, Hammontree of the 4th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions regarding tuition equalization grants; to remove the exclusion of Bible schools or colleges of theology or divinity as institu tions eligible to receive tuition equalization grant funds.

A roll call was ordered on convening tomorrow morning at 9:00 o'clock and adjourning after the period of unanimous consents, and the vote was as follows:

Alien Y Anderson YAshe

N Bailey N Bannister NBarfoot

N Barnard YBarnes N Bates

N Benefield Y Birdsong N Bohannon

N Bordeaux N Bradford Y Breedlove

170

JOURNAL OF THE HOUSE,

Y Bridges Y Brooks N Brown YBuck YBuckner YBunn N Burkhalter NByid N CampbeU N Canty NCash N Channel! YChilders N Clark NCoan N Coleman, B N Coleman, T YConneU N Cooper N Crawford N Crews Y Culbreth N Cummings
Davis, G N Davis, M NDay N DeLoach, B YDeLoach, G
Dii YDixon NDobbe N Dukes NEhrhart

NEpps N Evans N Everett N Felton YFloyd N Franklin
N Golden N Graves YGreene N Grindley N Hammontree Y Banner
N Harbin N Heard NHecht NHeckstall Y Hegstrom NHenson N Holland Y Holmes Y Houston Y Howard NHudgens N Hudson, H Y Hudson, N N Hugley NIrvin N Jackson Y James
Jamieson N Jenkins Y Johnson Y Johnston

N Jones N Joyce YKaye NLadd NLakly YLane NLee N Lewis YLord
Lucas Y Maddox NMann N Manning N Martin, J Y Martin, J.L NMassev NMcBee
McCall Y McClinton N McKinney N Mills N Mobley
NMosley Y MueUer NO'Neal
YOrrock Parham
NParrish N Parsons
N Pelote Perry Pinholster
NPoag

YPolak N Ponder N Porter NPowell NPurcell NRagas NRandaU NRay N Reaves N Reichert NRice Y Richardson N Roberts N Rogers Y Royal N Sanders N Sauder YScarlett NScheid N Scott
Y Shanahan NShaw N Sherrill
NShipp YSims N Sinkfield Y Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R Y Smith, P N Smith, T

N Smith, V NSmyre NSnelling NSnow NStafflngs N Stancil, F Y Stancil, S N Stanley, L Y Stanley, P N Stephens N Taylor NTeague YTeper
Thomas YTillman N Titus N Tolbert NTrense N Turnquest NTwiggs Y Walker, L N Walker, R.L
Y Watson YWest N Westmorland NWhitaker N Wiles N Williams, B
N Williams, J N Williams, R NWorthan NYates
Murphy, Spkr

On the question, the ayes were 49, nays 120.

Representative Walker of the 141st moved that the House convene tomorrow morning at 10:00 o'clock and adjourn after the period of unanimous consents.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe
Bailey
N Bannister YBarfoot Y Barnard YBarnes
N Bates Y Benefield YBirdsong YBohannon Y Bordeaux N Bradford YBreedlove Y Bridges Y Brooks
N Brown YBuck Y Buckner YBunn Y Burkhalter NByrd N CampbeU Y Canty YCash NChannell Y Childers N Clark NCoan Y Coleman, B Y Coleman, T YConnell

N Cooper N Crawford N Crews Y Culbreth
N Cununings Davis, G
N Davis, M NDay Y DeLoach, B
Y DeLoach, G NDix
YDixon NDobbs Y Dukes NEhrhart YEpps N Evans
N Everett N Felton YFloyd Y Franklin Y Golden Y Graves YGreene N Grindley N Hammontree Y Manner N Harbin Y Heard NHecht YHeckstall Y Hegstrom YHenson

N Holland Y Holmes Y Houston Y Howard
N Hudgens Y Hudson, H Y Hudson, N Y Hugley
NIrvin N Jackson Y James Y Jamiesou
N Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye NLadd NLakly YLane YLee Y Lewis YLord
Lucas Y Maddox NMann N Manning Y Martin, J Y Martin, J.L NMassey YMcBee
McCall

Y McClinton McKinney
N Mills
Y Mobley N Mosley N Mueller NO'Neal YOrrock
Parham YParrish N Parsons Y Pelote Y Perry
Pinholster
NPoag YPolak N Ponder
N Porter Powell
YPurcell YRagas YRandall YRay N Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scarlett

N Scheid N Scott Y Shanahan YShaw N Sherrill YShipp YSims Y Sinkfield
Y Skipper N Smith, C N Smith, C.W
Y Smith, L N Smith, L.R Y Smith, P Y Smith, T N Smith, V YSmyre NSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman N Titus Y Tolbert NTrense

TUESDAY, JANUARY 27, 1998

171

YTurnquwt NTwiggs Y Walker, L

N Walker, R.L Y Watson Y West

N Westmorland Y Whitakei N Wiles

N Williams, B Y Williams, J N Williams, R

Y Worthan N Yates
Murphy, Spkr

On the motion, the ayes were 106, nays 65. The motion prevailed.

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

HR 853. By Representatives Walker of the 87th, Twiggs of the 8th and Johnson of the 84th:
A resolution commending Walton County Deputy Sheriff Henry "Bo" Huff and inviting him to appear before the House of Representatives.

HR 854. By Representatives Williams of the 63rd, McBee of the 88th, Henson of the 65th, Cooper of the 31st, Ashe of the 46th and others:
A resolution recognizing February 5, 1998, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.

HR 857. By Representatives Brooks of the 54th, Teague of the 58th, Mobley of the 69th, Turnquest of the 73rd, McClinton of the 68th and others:
A resolution recognizing the National Council of Negro Women and inviting members of the organization to appear before the House of Representatives.

HR 858. By Representatives Cooper of the 31st, Pinholster of the 15th, Stancil of the 16th, Coleman of the 80th, Everett of the 163rd and others:
A resolution commending Ludlow Porch and inviting him to appear before the House of Representatives.

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

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

HB 1162.

By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to increase the amount of taxpayer and dependent exemptions with respect to Georgia taxable net income; to increase the amount of the deduction in lieu of a personal exemption with respect to estates or trusts; to increase the amount of deductions that may be taken by taxpayers who have reached age 65 or are blind.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

172

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1371 Do Pass
Respectfully submitted, M Reaves of the 178th
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1185 Do Pass, by Substitute
Respectfully submitted, /s/ Porter of the 143rd
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1087 Do Pass, by Substitute HB 1315 Do Pass, as Amended HB 1352 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1169 Do Pass SB 249 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman

TUESDAY, JANUARY 27, 1998

173

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.

174

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 28, 1998

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

Andereon Aahe Bailey Bannister
Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown Buck Buckner
Bunn Burkhalter Byrd CampbeU Canty Cash Cbannell ChUdera Clark Coan Coleman, B Coleman, T

Connell
Cooper Crawford Crews Culbreth Cummings Davis, M DeLoach, B
DeLoach. G Diion Dobbs Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene
Grindley Hanuuontree
Manner Harbin
Heard EHenson
Holland Houston Howard

Hudgens Hudson, H Hudson, N Jackson
Jamieson Johnson Johnston Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Mills Mobley Mosley Mueller Parham Parrish

Parsons Pelote Perry Pinholster Poag Ponder Purcell Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Sherrill
Shipp Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P

Smith, T Smith, V Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P Stephens Taylor Teper Thomas Tillman Titus Tolbert Trenae Twiggs Walker, L
Walker, R.L
Watson
West Westmoreland Whi taker 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 Sinkfield of the 57th, Maddox of the 72nd, Polak of the 67th, Hecht of the 97th, Hegstrom of the 66th, O'Neal of the 75th, Powell of the 23rd, Jones of the 71st, Dix of the 76th, Randall of the 127th, Porter of the 143rd, Orrock of the 56th, Heckstall of the 55th, Joyce of the 1st, Jenkins of the 110th, Turnquest of the 73rd, Teague of the 58th, Davis of the 48th and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend John Lee Taylor, Retired Pastor, First Baptist Church, Gainesville, 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.

WEDNESDAY, JANUARY 28, 1998

175

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

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

HB 1396. By Representatives Walker of the 141st, Coleman of the 142nd, Lee of the 94th, Lakly of the 105th and Williams of the 114th:
A bill to amend Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Finance, so as to authorize the Governor to determine the salary of the com missioner of banks and banking; to amend Code Section 42-2-6 of the Offi cial Code of Georgia Annotated, relating to the commissioner of corrections, so as to authorize the board of corrections to set the salary of the commis sioner subject to approval of the Governor.
Referred to the Committee on Appropriations.

HB 1397. By Representative Smith of the 102nd:
A bill to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1398. By Representative Smith of the 102nd:
A bill to amend an Act to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commis sioner of Harris County, so as to authorize the governing authority to pay to the tax commissioner of Harris County a salary supplement of up to $3,900.00 per year.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1399. By Representative Smith of the 102nd:
A bill to amend an Act to provide that the ordinary of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the probate judge of Harris County a salary supplement of up to $4,100.00 per year.
Referred to the Committee on State Planning & Community Affairs - Local.

176

JOURNAL OF THE HOUSE,

HB 1400. By Representative Smith of the 102nd:
A bill to amend an Act to provide that the clerk of the superior court of Har ris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the clerk of the superior court of Harris County a salary supplement of up to $4,600.00 per year.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1401. By Representatives Ashe of the 46th and Epps of the 131st:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Middle Chattahoochee Water Resources Authority.
Referred to the Committee on Natural Resources & Environment.

HB 1402. By Representative Williams of the 114th:
A bill to amend Code Section 11-9-306 of the Official Code of Georgia Anno tated, relating to secured transaction proceeds and secured party's rights on disposition of collateral, so as to change the definition of proceeds relative to insurance on collateral; 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.
Referred to the Committee on Insurance.

HB 1403. By Representative Johnston of the 81st:
A bill to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating respectively to elementary and secondary education and to postsecondary education, so as to prohibit requiring a student in a public or nonpublic elementary or secondary school or in a nonpublic postsecondary school to perform unpaid community service work or unpaid work to benefit the school.
Referred to the Committee on Education.

HB 1404. By Representatives Benefield of the 96th and McCall of the 90th:
A bill to amend Code Section 50-29-4 of the Official Code of Georgia Anno tated, relating to the creation of the Information Technology Policy Council, so as to amend the membership of such council.
Referred to the Committee on Rules.

HB 1405. By Representative Mosley of the 171st:
A bill to amend Code Section 21-2-386 of the Official Code of Georgia Anno tated, relating to the safekeeping, certification, and validation of absentee ballots, so as to provide that the counting of absentee ballots shall begin as soon as possible after the close of the polls and no later than at the time that the counting of other ballots or ballot cards begins or at the time that the canvassing, counting, and return of votes begin where voting machines are used.
Referred to the Committee on Governmental Affairs.

WEDNESDAY, JANUARY 28, 1998

177

HB 1406. By Representatives Crawford of the 129th and Smith of the 109th:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Anno tated, relating to advertising judicial sales, so as to change the advertising requirement for judicial sales or real property.
Referred to the Committee on Judiciary.

HB 1407. By Representatives McClinton of the 68th, Polak of the 67th, Mobley of the 69th, Sherrill of the 62nd, O'Neal of the 75th and others:
A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to repeal certain duties and powers of the city man ager with respect to educational affairs.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1408. By Representatives Jones of the 71st and Harbin of the 113th:
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 prohibit the Department of Medical Assistance from adopting or administer ing a state plan that includes the requirement of a marketing enrollment coordinator as the means for the marketing to or the enrolling of Medicaid recipients into a health maintenance organization which has contracted with the department to provide health care delivery services to Medicaid recipi ents.
Referred to the Committee on Health & Ecology.

HB 1409. By Representative Tolbert of the 25th:
A bill to amend Code Section 47-4-60 of the Official Code of Georgia Anno tated, relating to amount of contributions and manner of payment under the Public School Employees Retirement System, so as to increase contributions by and on behalf of school bus drivers and lunchroom personnel.
Referred to the Committee on Retirement.

HB 1410. By Representative Barnes of the 33rd:
A bill to amend Chapter 35 of Title 31 of the Official Code of Georgia Anno tated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C pro tection.
Referred to the Committee on Health & Ecology.

HB 1411. By Representative Tolbert of the 25th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to lower the age at which a child shall have the right to select the custodial parent from 14 years to 12 years.
Referred to the Committee on Judiciary.

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HB 1412. By Representative McKinney of the 51st:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Anno tated, relating to county boards of health, so as to rename certain county boards of health and departments of health as county boards of public health and wellness and county departments of public health and wellness, respec tively, and provide for continued powers and duties.
Referred to the Committee on Health & Ecology.

HB 1413. By Representatives Barnes of the 33rd and Sauder of the 29th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appoint ment of a county officer or employee as chief deputy registrar; and to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration.
Referred to the Committee on Judiciary.

HB 1414. By Representative Williams of the 114th:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to scope of duties of physician's assistants, so as to remove the provisions regarding the authority of physician's assistants to order drugs, devices, and controlled substances and regarding certain author ity delegated to them.
Referred to the Committee on Health & Ecology.

HB 1415. By Representative Rogers of the 20th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to declare unlawful the failure of a creditor in a consumer credit transac tion to disclose to the purchaser the terms of the legal obligation between the parties.
Referred to the Committee on Industry.

HB 1416. By Representative Rogers of the 20th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file return or pay tax, so as to provide that certain penalties shall not be imposed upon new owners.
Referred to the Committee on Ways & Means.

HB 1417. By Representative Rogers of the 20th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pension systems, so as to provide for termination of participation and forfeiture of rights in public retirement systems by persons convicted of felonies.
Referred to the Committee on Retirement.

WEDNESDAY, JANUARY 28, 1998

179

HB 1418. By Representative Rogers of the 20th:
A bill to amend Code Section 48-5-295 of the Official Code of Georgia Anno tated, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, so as to change certain provisions relating to procedures for removal of such assessors.
Referred to the Committee on Ways & Means.
HB 1419. By Representatives Walker of the 141st, Lee of the 94th, Reichert of the 126th, Randall of the 127th, Lucas of the 124th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, by repealing Part 1, relating to the Georgia Sports Hall of Fame, in its entirety; to amend Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, so as to change the provisions relating to the membership of the authority and terms of office of members.
Referred to the Committee on Rules.

HB 1420. By Representatives Polak of the 67th, Sherrill of the 62nd, O'Neal of the 75th, Stallings of the 100th, McBee of the 88th and others:
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 requests for advance payment and telemarketing transactions.
Referred to the Committee on Industry.

HB 1421. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to change certain provisions regarding the submission, compilation, and review of certain payroll and personnel data.
Referred to the Committee on State Planning & Community Affairs.

HB 1422. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to pro vide for periodic review and rating of certain employees.
Referred to the Committee on State Planning & Community Affairs.
HB 1423. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Code Section 45-20-9 of the Official Code of Georgia Anno tated, relating to procedure for conduct of hearings and appeals regarding adverse personnel actions, so as to provide for the filing of certain appeals with the Office of State Administrative Hearings.
Referred to the Committee on State Planning & Community Affairs.

HB 1424.

By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for income tax pur poses, so as to increase the amount of retirement income exclusion.

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January 27, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1424. This notice is made prior to or upon read ing the bill the first time.
/a/ Kenneth Birdsong Representative 123rd District
Referred to the Committee on Ways & Means.

HB 1425. By Representatives Kaye of the 37th, Powell of the 23rd, Joyce of the 1st, West of the 101st, McKinney of the 51st and others:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutes relating to the pos session of firearms, so as to provide that peace officers certified by jurisdic tions outside of the state shall be exempt from restrictions on possessing firearms.
Referred to the Committee on Public Safety.
HB 1426. By Representative Rogers of the 20th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file return or pay tax, so as to provide that certain penalties shall not be imposed upon new owners who resided out of state immediately before acquiring returnable property.
Referred to the Committee on Ways & Means.

HB 1427. By Representative Trense of the 44th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to graduated drivers' licenses, so as to provide for recognition of permits and licenses of other states.
Referred to the Committee on Motor Vehicles.
HB 1428. By Representatives Reaves of the 178th and Purcell of the 147th:
A bill to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the organization of schools and school systems, so as to provide for the eligibility for a middle school grant of a school which houses grades other than six, seven, and eight and has fewer than 250 students enrolled in such grades.
Referred to the Committee on Education.

HR 849. By Representative Johnston of the 81st: A resolution creating the House Inmate Costs Reduction Study Committee.
Referred to the Committee on Rules.

HR 850. By Representative Johnston of the 81st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for certain grants for educa tional purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, JANUARY 28, 1998

181

HR 851. By Representatives Johnston of the 81st, Lakly of the 105th, Franklin of the 39th, Ehrhart of the 36th and Davis of the 60th:
A resolution proposing an amendment to the Constitution so as to prohibit requiring any student of a public postsecondary institution to perform unpaid community service work or unpaid work to benefit the institution the student attends.
Referred to the Committee on University System of Georgia.

HR 852. By Representatives Ashe of the 46th and Epps of the 131st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may create a water resources authority with the authority to manage any contiguous section of any river of the state to ensure compliance with state and federal environmental laws and regulations.
Referred to the Committee on Natural Resources & Environment.

HR 855. By Representative Smith of the 169th: A resolution designating the Curtis Lee Marion Bridge.
Referred to the Committee on Transportation.

HR 856. By Representatives James of the 140th, Reaves of the 178th, Sims of the 167th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Congress of the United States, the Secretary of Agri culture, and the Federal Crop Insurance Corporation to revise comprehensively the existing laws, regulations, and policies with respect to the Federal Crop Insurance Program in order to adequately protect farmers against unavoidable crop losses and to prevent the serious reduction in farm operations and farm acreage throughout the nation.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 859. By Representative Smith of the 169th: A resolution designating the Sergeant J. D. "Eddie" Miles Bridge.
Referred to the Committee on Transportation.

HR 860. By Representative Smith of the 169th: A resolution designating the Johnny Wheeler Bridge.
Referred to the Committee on Transportation.

HR 861. By Representative Massey of the 86th: A resolution compensating Ms. Meredith (Merry) B. Chandler.
Referred to the Committee on Appropriations.

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

HB 1353 HB 1354

HB 1355 HB 1356

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JOURNAL OF THE HOUSE,

HB 1357 HB 1358 HB 1359 HB 1360 HB 1361 HB 1362
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HB 368 HB 1369 HB 1370
HHBB 11337732
HB 1374 HB 1375 HB 1376 HHBB 1377 HB 1379 HB 1380 HB 1381 HB 1382 HB 1383 HB 1384

HB 1385 HB 1386 HB 1387 HB 1388 HB 1389 HB 1390
HHBB 11339912
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HB 1394
jg TTTJ QO-- TM 837 *H"R* 8,,i,,SO,, "TM" TM"0n
HR M2 TM~ TM^ HTMR} J8*47J a 142 SB 403 SB 409 SR 86 SR 463 SR 477

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 1156 Do Pass HB 1158 Do Pass SB 20 Do Pass
Respectfully submitted, 1*1 Childers of the 13th
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 rec ommendations:

HB 1154 Do Pass, by Substitute HB 1200 Do Pass, by Substitute HB 1288 Do Pass, by Substitute

HB 1290 Do Pass HB 1291 Do Pass, by Substitute HB 1293 Do Pass, by Substitute

WEDNESDAY, JANUARY 28, 1998

183

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 follow ing recommendations:
HB 1070 Do Pass, by Substitute HB 1299 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1236 Do Pass HB 1334 Do Pass HB 1335 Do Pass

HB 1336 Do Pass HB 1338 Do Pass

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

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

HB 1236. By Representative Stencil of the 91st: A bill to reincorporate and provide a new charter for the Town of Bogart.

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

HB 1334.

By Representative Stancil of the 91st:
A bill to provide a homestead exemption from Oconee County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents.

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

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JOURNAL OF THE HOUSE,

HB 1335.

By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Oconee County, so as to change the provisions relating to bonds 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 1336.

By Representative Stancil of the 91st:
A bill to provide a homestead exemption from Oconee County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents.

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

HB 1338. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Elections and Registration of Oconee County, so as to change the membership 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 previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Alien Y Andersen YAshe Y Bailey Y Bannister Y Barfoot Y Barnard YBarnes Y Bates
Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Bridges Y Brooks Y Brown YBuck YBuckner
YBunn YBurkhalter
YByrd Y Campbell
Canty YCash Y Channel! YChildera Y Clark YCoan Y Coleman, B YColeman, T

YConnell Y Cooper
Crawford Y Crews Y Culbreth E Cummings
Davis, G Y Davis, M
Day Y DeLoach, B
Y DeLoach, G Y Dii Y Dixon Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans YEverett Y Felton
Y Floyd Y Franklin
Golden Y Graves Y Greene YGrindley Y Hammontree Y Banner Y Harbin Y Heard Y Hecht Y Heckstall

Y Hegstrom Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N
Hugley
Irvin Y Jackson Y James Y Jamieson
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
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L

Y Massey Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley Y Mosley Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Ponder
Y Porter Y Powell
Y Purcell Ragas Randall
Y Ray Y Reaves Y Reichert Y Rice Y Richardson
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
Smyre Y Snelling
Y Snow Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Y Teper

WEDNESDAY, JANUARY 28, 1998

185

Y Thomas YTfflman
Titus Y Tolbert

Y Trenw Y Turnquest YTwiggs Y Walker, L

Y Walker, R.L Y Watson Y West
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 150, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 433. By Senators Tysinger of the 41st, Lamutt of the 21st and Oliver of the 42nd:
A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to change the provisions regarding accepting or agreeing to be bound by certain electronic records; to retain sov ereign immunity; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995."

HB 1181.

By Representatives Epps of the 131st and Smith of the 102nd:
A bill to amend an Act reconstituting the Meriwether County Board of Edu cation, so as to provide a per diem allowance for the members of such board.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 433. By Senators Tysinger of the 41st, Lamutt of the 21st and Oliver of the 42nd:
A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to change the provisions regarding accepting or agreeing to be bound by certain electronic records; to retain sov ereign immunity; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995".
Referred to the Committee on Judiciary.

Representative Sauder of the 29th 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 Speaker Pro Tern assumed the Chair.

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

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JOURNAL OF THE HOUSE,

HR 863. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Bunn of the 74th, Crews of the 78th and others:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives.

HR 864. By Representative Parham of the 122nd:
A resolution recognizing and commending Dr. Rosemary DePaolo and invit ing her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 862. By Representatives Sherrill of the 62nd, Lucas of the 124th, McClinton of the 68th, Davis of the 48th and O'Neal of the 75th:
A resolution acknowledging the contributions of Senior Georgians and estab lishing the week of January 26-30, 1998, as Senior Week at the Capitol.

HR 867. By Representatives Sims of the 167th, Byrd of the 170th, Porter of the 143rd and Houston of the 166th:
A resolution recognizing and honoring the Douglas Lions Club.

HR 868. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution commending Mr. E. James Burnsed.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks hai 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 1351 Do Pass, as Amended HB 1393 Do Pass HB 1394 Do Pass, by Substitute
Respectfully submitted, /a/ 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 rec ommendations:
HB 714 Do Pass HB 1263 Do Pass HB 1294 Do Pass

WEDNESDAY, JANUARY 28, 1998

187

Respectfully submitted, M Hudson of the 156th
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 1295 Do Pass HB 1301 Do Pass
Respectfully submitted, Is/ 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 812 Do Pass, by Substitute HB 1270 Do Pass
Respectfully submitted, M Twiggs of the 8th
Chairman

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

Mr. Speaker:

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

HR 834 Do Pass HR 835 Do Pass

HR 846 Do Pass HR 848 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on State Institutions & Property 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 809 Do Pass HB 811 Do Pass
Respectfully submitted, Is/ Dobbs of the 92nd
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following 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 236 Do Pass, by Substitute HR 292 Do Pass HR 741 Do Pass
HR 812 Do Pass

HR 813 Do Pass HR 844 Do Pass SR 251 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

THURSDAY, JANUARY 29, 1998

189

Representative Hall, Atlanta, Georgia Thursday, January 29, 1998

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 Anderaon Bailey Barfoot Barnard Barnes E Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd

Cooper Crawford Culbreth Cummings Davis, M DeLoach, B DeLoach, G Dixon Dobbs Ehrhart Epps Everett Felton Floyd Franklin Golden Graves Greene Hammontree

Hudson, N Hugley Jackson James Jenkins Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddoi Mann Manning Martin, J.L

Parrish Parsons Pelote Perry Pinholster Poag E Ponder Porter Purcell E RandaU Ray Reaves Reichert Rice Richardson Rogers Royal Sanders Sauder

Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Stancil, S Stephens Taylor Teper Thomas Tillman Titus Trense Twiggs Walker, R.L

Sntnell
SSCoan Coleman, B Connell

gSU
SB Houston Howard Hudgens

M^ton
Sey Mueller O'Neal Parham

Shipp Skipper Smith, C

Worthan Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Sherrill of the 62nd, McKinney of the 51st, Bannister of the 77th, Polak of the 67th, Dukes of the 161st, Grindley of the 35th, Bordeaux of the 151st, Rob erts of the 162nd, Crews of the 78th, Dix of the 76th, Smyre of the 136th, Williams of the 63rd, Whitaker of the 7th, Hegstrom of the 66th, Sinkfield of the 57th, Orrock of the 56th, Mobley of the 69th, Ragas of the 64th, Day of the 153rd, Jamieson of the 22nd, Sims of the 167th, Jones of the 71st, Hudson of the 120th, Evans of the 28th, Davis of the 48th, Turnquest of the 73rd, Powell of the 23rd, Williams of the 83rd, Stanley of the 49th, Tolbert of the 25th, Irvin of the 45th and Snow of the 2nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Kimberly C. Richter, Associate Pastor, Central Presbyterian 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.

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JOURNAL OF THE HOUSE,

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

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

HB 1429. By Representatives Crews of the 78th and Bannister of the 77th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 77 and 78.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th, Porter of the 143rd, Roberts of the 162nd 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 registration and license requirements and penalties; to change certain provi sions relating to transfer of license plates and revalidation decals.
Referred to the Committee on Motor Vehicles.

HB 1431. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th, Stancil of the 16th, Jamieson of the 22nd and others:
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 the definitions of certain terms; to define additional terms; to change the provisions relating to preparation of proposed budgets; to change the provisions relating to adoption of budget ordinances or resolutions.
Referred to the Committee on State Planning & Community Affairs.

HB 1432. By Representatives Purcell of the 147th, James of the 140th, Reaves of the 178th, Bailey of the 93rd, McCall of the 90th and others:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Anno tated, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use gen erally, so as to provide for additional grounds for the refusal to grant certain permits issued by the director.
Referred to the Committee on Natural Resources & Environment.

THURSDAY, JANUARY 29, 1998

191

HB 1433. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th, Stancil of the 16th, Jamieson of the 22nd and others:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Anno tated, relating to use of proceeds, issuance of certain debt, and audit report ing requirements applicable to special county 1 percent sales and use tax, so as to change the provisions relating to the contents of the required audit report schedule.
Referred to the Committee on Ways & Means.

HB 1434. By Representatives Franklin of the 39th, Joyce of the 1st, Coan of the 82nd, Massey of the 86th, Ladd of the 59th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate "Bill of Rights Day".

1/28/98
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1434. This notice is made prior to or upon read ing the bill the first time.
/s/ Bobby Franklin Representative 39th District
Referred to the Committee on Rules.

HB 1435. By Representatives Henson of the 65th, Mueller of the 152nd, Jones of the 71st, Hudson of the 120th and Orrock of the 56th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to con tinuing education and the scope of practice of chiropractic.
Referred to the Committee on Health & Ecology.

HB 1436. By Representative Reichert of the 126th:
A bill to amend Article 1 of Chapter 7 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the sale of dis tilled spirits by private clubs, so as to provide for Sunday sales of other alco holic beverages in such clubs.
Referred to the Committee on Regulated Beverages.

HB 1437. 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 imposition, rate, and computation of income taxes, so as to provide a deduction for certain employer social security tax payments.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE,

HB 1438. By Representative Jamieson of the 22nd:
A bill to amend Chapter 44 of Title 36 of the Official Code of Georgia Anno tated, the "Redevelopment Powers Law," so as to change certain definitions; to change certain requirements and procedures regarding redevelopment plan proposals; to change requirements and procedures for creating tax allocation districts.
Referred to the Committee on State Planning & Community Affairs.

HB 1439. By Representative Channell of the lllth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Oglethorpe County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1440. By Representatives Sauder of the 29th, Channell of the lllth, Walker of the 141st, Irvin of the 45th, Jones of the 71st 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 prevent certain errors from constituting abuse; to change the provisions regarding seizure of property subject to such forfeiture and provide for bond ing requirements.
Referred to the Committee on Judiciary.

HB 1441. By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments.
Referred to the Committee on Judiciary.
HB 1442. By Representatives Smith of the 103rd, Grindley of the 35th, Wiles of the 34th, West of the 101st, Sims of the 167th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of certain funeral merchan dise.
Referred to the Committee on Ways & Means.

HB 1443. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the residency requirements with respect to candi dates for membership on the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1444. By Representatives DeLoach of the 172nd and Purcell of the 147th:
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 for require ments for obtaining a commercial crabbing license.
Referred to the Committee on Game, Fish & Parks.

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193

HB 1445. By Representatives Dobbs of the 92nd and Harbin of the 113th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to the certification of professional engineers and land survey ors, so as to change certain exemptions from the requirements of that chapter; to provide for a misdemeanor criminal penalty for persons who claim to be engineers or land surveyors without complying with the provi sions of that chapter.
Referred to the Committee on Industry.

HB 1446. By Representative Polak of the 67th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the termination of certain exemptions from sales and use taxes unless such exemptions are reestablished and continued.
Referred to the Committee on Ways & Means.

HB 1447. By Representatives Dobbs of the 92nd and Harbin of the 113th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to change the requirements for eligibility for an engineer-in-training certificate; to change the requirements for eligibility for a professional engineer certificate.
Referred to the Committee on Industry.

HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Anno tated, relating to motor vehicle self-insurers, so as to change certain provi sions 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 1449. By Representatives Hammontree of the 4th, Bordeaux of the 151st and Davis of the 60th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to change provisions relating to service on the plaintiffs uninsured motorist carrier in certain circumstances.
Referred to the Committee on Judiciary.

HB 1450.

By Representatives Smith of the 169th, Sims of the 167th, Mosley of the 171st, Byrd of the 170th, Holland of the 157th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to declare the first week in February of each year as "Home Education Week" in Georgia.

Mr. Clerk:

Jan. 29, 1998

194

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 1450. This notice is made prior to or upon read ing the bill the first time.
/s/ Tommy Smith District 169
Referred to the Committee on Rules.

HB 1451. By Representative Orrock of the 56th:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Anno tated, relating to suspension or revocation of license of habitually negligent or dangerous driver and point system, so as to change certain provisions relating to points assessed for violation of child safety restraint requirements.
Referred to the Committee on Motor Vehicles.

HB 1452. By Representative Orrock of the 56th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to change the provisions relative to public letting and bids; to change the provisions relative to advertisement of bids.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1453. By Representative McCall of the 90th:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to weight of vehicle and load, so as to change certain provi sions relating to load limits for certain vehicles hauling loads of granite from quarries.
Referred to the Committee on Transportation.

HR 865. By Representatives Stallings of the 100th, West of the 101st, Byrd of the 170th, O'Neal of the 75th and Martin of the 145th:
A resolution proposing an amendment to the Constitution so as to provide that neither the state nor a political subdivision of the state shall burden a person's exercise of religion even if the burden results from a rule of general applicability, except where such burden is in furtherance of a compelling gov ernmental interest and is the least restrictive means of furthering that com pelling interest.
Referred to the Committee on Judiciary.

HR 866. By Representative Hudson of the 120th: A resolution compensating Ms. Loretta Cummings.
Referred to the Committee on Appropriations.

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

HB 1396 HB 1397 HB 1398

HB 1399 HB 1400 HB 1401

THURSDAY, JANUARY 29,1998

195

HB 1402 HB 1403 HB 1404 HB 1405 HB 1406 HB 1407 HB 1408 HB 1409
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HB 1412 uHTToBTJ i1t 4AA1tt 3oA H HBB 1144115 HB 1416 HB 1417 HB 1418 HB 1419 HB 1420

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HB 1422 HB 1423 HB 1425 HB 1426 HB 1427
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HB 1424

Pursuant to Rule 52, Representative Birdsong of the 123rd moved that the following Bill of the House be engrossed:

HB 1424.

By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for income tax pur poses, so as to increase the amount of retirement income exclusion.

The motion prevailed.

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1289 Do Not Pass
Respectfully submitted, /s/ Lucas of the 124th
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 1358 Do Pass HB 1374 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted, M Royal of the 164th
Chairman

Representative Ehrhart of the 36th moved to postpone HB 1374 until Tuesday, Febru ary 3, 1998.
The motion prevailed.

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

HB 1358.

By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to provide for the power of the mayor to vote on matters before the city council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

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

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.

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

Representative Teper of the 61st arose to a point of personal privilege and addressed the House.

Representative Orrock of the 56th arose to a point of personal privilege and addressed the House.

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

The Speaker Pro Tern assumed the Chair.

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197

Representative Brooks of the 54th 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.

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

HR 869. By Representatives Roberts of the 162nd, Holland of the 157th, Dukes of the 161st, Shaw of the 176th, Manner of the 159th and others:
A resolution recognizing Congressman Sanford Bishop and inviting him to appear before the House of Representatives.

HR 927. By Representatives Brown of the 130th, Smith of the 19th, Irvin of the 45th and Mann of the 5th:
A resolution relative to adjournment.

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

HR 834. By Representatives Hugley of the 133rd, Stanley of the 50th, Taylor of the 134th and Smyre of the 136th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., on the occasion of its 90th anniversary and inviting Dr. Lucretia Payton-Stewart to appear before the House of Representatives.

HR 835. By Representative Greene of the 158th:
A resolution recognizing and commending Chris McCoy and inviting him to appear before the House of Representatives.

HR 846. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st, Lee of the 94th, Buck of the 135th and others:
A resolution commending M. Douglas Ivester and inviting him to appear before the House of Representatives.

HR 848. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st and Lee of the 94th:
A resolution commending M. Douglas Ivester and inviting him to appear before the House of Representatives.

The Speaker 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 820. By Representative Holmes of the 53rd:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Anno tated, relating to qualifications of judges of state courts, so as to strike cer tain 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.

198

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 YAndenon YAahe
Y Bailey Y Bannister
YBarfoot Y Barnard YBarim) E Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBraedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell
Y Canty YCash Y Channel! YChilders
Y Clark YCoan YColeman, B Y Coleman, T YConnell
YCooper YCrawford Y Crews

Y Culbreth Y Cununings Y Davis, G YDavis, M YDay
YDeLoach, B YDeLoach,G YOU YDixon
YDobbs Y Dukes YEhrhart YBpps Y Evans YEverett YFelton YFloyd Y Franklin
Golden
Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
YHeckstall YHegstrom
Henson Y Holland
Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James
Jamieson YJenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLaily
Lane YLee Y Lewis YLord
Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills
Mobley YMosley YMueller YO'Neal YOrrock
YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak E Ponder Y Porter YPoweU YPurceU YRagas ERandall
Ray
Y Reaves
Y Reichert
YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid 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 Y Smyre YSnelUng YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest Twiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhi taker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was

Representative Twiggs of the 8th 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 1180. By Representatives Dixon of the 168th, Epps of the 131st and Reichert of the 126th:
A bill to amend Code Section 3-1-2 of the Official Code of Georgia Anno tated, relating to definitions relative to alcoholic beverages, so as to add a new definition.

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

Y Alien YAndenon
YAshe Y Bailey YBannuter YBarfoot
N Barnard

NBarnes E Bates Y Benefield
YBirdsong NBohannon Y Bordeaux Y Bradford

NBreedlove N Bridges Y Brooks Y Brown YBuck Y Buckner NBunn

Y Burkhalter NByrd Y Campbell Y Canty YCash Y Channel! Y Childers

Y Clark YCoan Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford

THURSDAY, JANUARY 29, 1998

199

Y Crews YCulbreth Y Cununings Y Davis, G NDavis, M NDay YDeLoach, B YDeLoach, G YDix YDiion
YDobbe Y Dukes YEhrhart
YEpps Y Evans NEverett Y Felton YFloyd N Franklin Y Golden Y Graves YGreene N Grindley YHammontree YHanner Y Harbin Y Heard YHecht YHeckstall

YHegstrom Henson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin N Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones
Joyce NKaye YLadd YLakly
Lane YLee Y Lewis YLord
YMaddoi NMann

Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee NMcCaU Y McClinton Y McKinney Y Mills Y Mobley NMosley N Mueller YO-Neal YOirock YParham YParrish Y Parsons Y Pelote
Perry N Pinholster
NPoag YPolak E Ponder Y Porter YPowell YPurcell YRagas ERandall YRay

Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett NScheid Y Scott YShanahan YShaw YSherrill YShipp YSims 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 YSneUing YSnow

Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest N Westmoreland NWhitaker N Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 142, nays 27. The Bill, having received the requisite constitutional majority, was passed.

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

HR 870. By Representative Evans of the 28th:
A resolution commending the North Forsyth High School girls softball team and inviting the team and its coaches to appear before the House of Repre sentatives.

HR 877. By Representatives Snow of the 2nd, Lane of the 146th, Ray of the 128th and Perry of the llth:
A resolution commending the Georgia County Welfare Association, Inc.

HR 878. By Representatives Hudson of the 156th, Floyd of the 138th, Royal of the 164th, Scott of the 165th and Birdsong of the 123rd:
A resolution recognizing the contributions of Georgia Public Television (GPTV).

HR 879. By Representatives Hudson of the 156th, Floyd of the 138th, Royal of the 164th, Scott of the 165th and Birdsong of the 123rd:
A resolution recognizing and commending Trooper First Class Grant G. Rowe.

HR 880. By Representative Brooks of the 54th: A resolution in remembrance of Mr. Drendell Crawford.

HR 881. By Representative Brooks of the 54th: A resolution in remembrance of Deacon Rayford Dunbar, Sr.

200

JOURNAL OF THE HOUSE,

HR 882. By Representative Greene of the 158th:
A resolution commending the Georgia Horticulture Trade Alliance and recog nizing the observance of Tuesday, February 3, 1998, as Environmental Horti culture Day in the State of Georgia.

HR 883. By Representatives Porter of the 143rd, Jamieson of the 22nd, Ashe of the 46th, Parham of the 122nd and Barfoot of the 155th:
A resolution commending Robert Cook, Georgia Artist of the Year.

HR 884. By Representatives Bailey of the 93rd and Jackson of the 112th:
A resolution recognizing and commending Famous Louise's Rock House Res taurant.

HR 885. By Representative Turnquest of the 73rd: A resolution recognizing and commending Nina H. Payne.

HR 886. By Representatives Turnquest of the 73rd, Pelote of the 149th, McClinton of the 68th, Thomas of the 148th, Mobley of the 69th and others:
A resolution commending Dr. Jane E. Smith, Ed.D.

HR 887. By Representative Floyd of the 138th: A resolution recognizing and commending Honorable Lawrence L. Bennett.

HR 888. By Representative Greene of the 158th: A resolution expressing regret at the passing of Brenda G. Morrison.

HR 889. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A resolution commending Judy Brandon.

HR 890. By Representative Rogers of the 20th: A resolution commending the Gainesville High School baseball team.

HR 891. By Representatives Breedlove of the 85th, Coleman of the 80th, Johnson of the 84th, Dix of the 76th, Crews of the 78th and others:
A resolution expressing regret at the passing of W.J. Dodd.

HR 892. By Representative Greene of the 158th:
A resolution recognizing the week of March 15-21, 1998, as Blacksmith Week in Georgia.

HR 893. By Representative Barnes of the 33rd:
A resolution observing May, 1998, as Liver Awareness Month in the State of Georgia and urging public awareness and increased public education concern ing liver diseases.

THURSDAY, JANUARY 29, 1998

201

HR 894. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 93 as the Roy Lovett Carter Road in Bacon County and designating that a sign be erected below the official name of Cartertown Road given by the Bacon County Board of Commissioners which would read as follows: "In honor of Roy Lovett Carter".

HR 895. By Representative Smith of the 169th:
A resolution recognizing the designation of County Road 92 as the Pfc Winford R. Boatright Road in Bacon County and joining in honoring Pfc Boatright.

HR 896. By Representative Smith of the 169th:
A resolution recognizing the designation of the Cpl. William Harval Benton Bridge on Highway 32 east of Alma over Hurricane Creek in Bacon County and joining in honoring Cpl. Benton.

HR 897. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 314 as the Don ald R. Johnson Road in Bacon County and designating that a sign be erected below the official name of Sand Dollar Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of Donald R. Johnson".

HR 898. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 146 as the R. A. Olsteen Road in Bacon County and designating that a sign be erected below the official name of Blue Fish Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of R. A. Olsteen".

HR 899. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 199 as the Clarence A. Ellis Road in Bacon County and designating that a sign be erected below the official name of Red River Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of Clarence A. Ellis".

HR 900. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 144 as the James C. Rigdon Road in Bacon County and designating that a sign be erected below the official name of Black River Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of James C. Rigdon".

HR 901. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 110 as the Charles D. Coley Road in Bacon County and designating that a sign be erected below the official name of Elizabeth Chapel Road given by the Bacon County Board of Commissioners which would read as follows: "In honor of Charles D. Coley".

202

JOURNAL OF THE HOUSE,

HR 902. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 134 in Bacon County as the John R. Pierce Road and designating that a sign be erected below the official name of Blackoak Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of John R. Pierce".

HR 903. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 204 in Bacon County as the Clifford Ward Wildes Road and designating that a sign be erected below the official name of Moray Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Clifford Ward Wildes".

HR 904. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 224 in Bacon County as the Herman Grady Wilcox Road and designating that a sign be erected below the official name of High Bluff Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Herman Grady Wilcox".

HR 905. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 196 in Bacon County as the John D. Waters Road and designating that a sign be erected below the official name of Shark Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of John D. Waters".

HR 906. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 99 in Bacon County as the Joseph H. Williams Road and joining in honoring Joseph H. Williams.

HR 907. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 1 in Bacon County as the Jimmy R. Turner Road and joining in honoring Jimmy R. Turner.

HR 908. By Representative Pelote of the 149th: A resolution expressing sympathy at the passing of Carrie Cody Avinger.

HR 909. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Mary Wilhelmenia Johnson.

HR 910. By Representative Parham of the 122nd: A resolution recognizing and commending Dr. James E. Baugh.

HR 911. By Representatives Thomas of the 148th and Pelote of the 149th:
A resolution honoring the Reverend J. C. Shipman on the occasion of his 15th Pastoral Anniversary.

THURSDAY, JANUARY 29, 1998

203

HR 912. By Representative Purcell of the 147th: A resolution commending Mr. Louis Davis.

HR 913. By Representative Purcell of the 147th: A resolution commending Mr. Charles Hartzog.

HR 914. By Representative Pelote of the 149th: A resolution commending Pastor Joseph Fields.

HR 915. By Representative Pelote of the 149th: A resolution commending Pastor Matthew M. Odum, Sr.

HR 916. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 206 in Bacon County as the E. Z. Williams Road and joining in honoring E. Z. Williams.

HR 917. By Representatives Porter of the 143rd, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd, Jamieson of the 22nd and others:
A resolution recognizing the importance of the arts to the State of Georgia; commending the Georgia Citizens for the Arts.

HR 918. By Representatives Orrock of the 56th, Henson of the 65th, Teper of the 61st, Brooks of the 54th, Holmes of the 53rd and others:
A resolution expressing regret at the passing of Dr. Marvin C. Goldstein.

HR 919. By Representatives Roberts of the 162nd, Holland of the 157th and Dukes of the 161st:
A resolution honoring the life of Mr. Wesley Parker.

HR 920. By Representatives Orrock of the 56th and Martin of the 47th: A resolution expressing regret at the passing of Sandy Mershon.

HR 921. By Representative Orrock of the 56th:
A resolution expressing regret at the passing of Rev. Reynell Monsell Parkins.

HR 922. By Representatives Brooks of the 54th, Teague of the 58th, Maddox of the 72nd, Stanley of the 49th, Stanley of the 50th and others:
A resolution honoring Senator Diana Harvey Johnson Riley.

HR 923. By Representatives Brooks of the 54th, Teague of the 58th, Maddox of the 72nd, Stanley of the 49th, Stanley of the 50th and others:
A resolution in remembrance of Mrs. Harriett Goldston Darnell.

HR 924. By Representative Whitaker of the 7th:
A resolution recognizing Gilmer County and the observance of Gilmer County Day at the state capitol.

204

JOURNAL OF THE HOUSE,

HR 925. By Representatives Barnard of the 154th and Martin of the 145th:
A resolution commending the coaches and players of the Pinewood Christian Academy Lady patriots softball team.

HR 926. By Representatives Brooks of the 54th, McKinney of the 51st, Randall of the 127th, Anderson of the 116th, Holmes of the 53rd and others:
A resolution in remembrance of Mr. Henry Thomas Tookes, Jr.

SR 485. By Senators Clay of the 37th and Cagle of the 49th:
A resolution designating June 27-28, 1998, as Amateur Radio Weekend hi honor of Georgia's amateur radio operators.

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 rec ommendations:
HB 1205 Do Pass HB 1208 Do Pass HB 1323 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 464 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:

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

HB 1419 Do Pass, as Amended
HR 863 Do Pass HR 864 Do Pass

SR 463 Do Pass, by Substitute SR 477 Do Pass, by Substitute

THURSDAY, JANUARY 29, 1998

205

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:

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

HB 762 Do Pass HB 1187 Do Pass, by Substitute HB 1204 Do Pass

HB 1306 Do Pass, by Substitute HB 1391 Do Pass, by Substitute

Respectfully submitted, M Jenkins of the 110th
Vice-Chairman

Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bilk of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1201 Do Pass SB 292 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
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.

206

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 30, 1998

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 Bailey Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Byrd CampbeU Canty Cash E Channel] Childers Clark Coan Coleman, B

Connell Crawford Crews Cummings Davis, G DeLoach, B Diion Dobbs Ehihart Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Hammontree Harbin Heard Hecht Heckstall Holland Houston Howard Hudgens Hudson, N

Hugley Jrvin Jackson James Johnson Johnston Ladd Lakly Lane Lee Lewis Lord Lucas Mann Manning Martin, J Martin, J.L Massey McBee McKinney Mills Mosley Mueller O'Neal Orrock Parham Parrish Parsons

Pelote Perry Pinholster Poag E Ponder Porter Puicell Ragas Randall Ray E Reaves Reichert Rice Richardson Roberta Rogers Royal Sanders Scarlett Scheid Scott Shanahan Shaw Sinkfield Skipper Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings StancU, F Stand], S Stanley, L Stanley, P Stephens Taylor Teper Thomas Tillman Titus Tolbert Twiggs Walker, L Watson West E Westmoreland Whitaker E WiUiams, B Williams, R Worthan Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Coleman of the 142nd, DeLoach of the 119th, Kaye of the 37th, McClinton of the 68th, Day of the 153rd, Wiles of the 34th, Turnquest of the 73rd, Walker of the 87th, Ashe of the 46th, Hanner of the 159th, Dix of the 76th, Jones of the 71st, Joyce of the 1st, Cooper of the 31st, Bordeaux of the 151st, Grindley of the 35th, Powell of the 23rd, Jenkins of the 110th, Sims of the 167th, Anderson of the 116th, Teague of the 58th, Shipp of the 38th, Polak of the 67th, Sauder of the 29th, Mobley of the 69th, Henson of the 65th, Smyre of the 136th, Hudson of the 120th, Culbreth of the 132nd, Wil liams of the 83rd and Davis of the 60th.
They wish to be recorded as present.

Prayer was offered by the Reverend James Hughes, Pastor, Springfield United Meth odist 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.

FRIDAY, JANUARY 30, 1998

207

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

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

HB 1454. By Representatives James of the 140th, Roberts of the 162nd and Tillman of the 173rd:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing and regulation of auctioneers, so as to require cer tain disclosures with respect to the charging of buyer's premiums or any other similar charges or fees.
Referred to the Committee on Industry.

HB 1455. By Representative Johnston of the 81st:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to provide that the selec tion of a child of 14 years of age or older as to which parent with whom the child desires to live will be considered by the court rather than controlling.
Referred to the Committee on Judiciary.

HB 1456. By Representative Campbell of the 42nd:
A bill to amend Code Section 17-10-6.1 of the Official Code of Georgia Anno tated, 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 1457. By Representative Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Cuthbert, so as to change the provisions relating to the election, qualifications, and terms of office of the mayor and aldermen.
Referred to the Committee on State Planning & Community Affairs - Local.

208

JOURNAL OF THE HOUSE,

HB 1458. By Representatives Stephens of the 150th, Irvin of the 45th, Mueller of the 152nd, Day of the 153rd and Everett of the 163rd:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for alternate methods of providing notice of assess ments.
Referred to the Committee on Ways & Means.

HB 1459. By Representatives Smith of the 12th, Smith of the 102nd, Smith of the 169th, Smith of the 175th, Smith of the 19th and others:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to define the offenses of home repair fraud and aggravated home repair fraud.
Referred to the Committee on Industry.

HB 1460. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th, Hudson of the 156th, Royal of the 164th and others:
A bill to amend Code Section 4-6-52 of the Official Code of Georgia Anno tated, relating to special sales of livestock, so as to exempt Georgia 4-H clubs and Georgia Future Farmers of America chapters from certain bonding requirements.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1461. By Representatives Whitaker of the 7th, Smith of the 12th, Shanahan of the 10th, Coleman of the 142nd, Pinholster of the 15th 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.

HB 1462. By Representatives Brooks of the 54th, Teague of the 58th, Teper of the 61st, Orrock of the 56th, Stanley of the 50th and others:
A bill to amend Chapter 6 of Title 34 of the Official Code of Georgia Anno tated, relating to labor organizations and labor relations, so as to authorize public employees to organize into bargaining units and to bargain collec tively.
Referred to the Committee on Industrial Relations.

HB 1463. By Representative Stephens of the 150th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for the disclosure of the property.
Referred to the Committee on Ways & Means.

FRIDAY, JANUARY 30, 1998

209

HB 1464. By Representative Channell of the lllth:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to filing requirements with respect to homestead exemptions, so as to change certain provisions regarding filing deadlines.
Referred to the Committee on Ways & Means.

HB 1465. By Representative Stancil of the 91st: A bill to reincorporate and provide a new charter for the City of Bostwick.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 871. By Representatives Franklin of the 39th, Coan of the 82nd, Ehrhart of the 36th, Wiles of the 34th, Kaye of the 37th and others:
A resolution proclaiming 1998 as "The Year of the Taxpayer".
Referred to the Committee on Ways & Means.

HR 872. By Representatives Bohannon of the 139th, Crews of the 78th, Thomas of the 148th, Stallings of the 100th, Taylor of the 134th and others:
A resolution urging the observance of Worldwide Cancer Prayer Day.
Referred to the Committee on Rules.

HR 873. By Representatives Hudson of the 156th, Floyd of the 138th, Royal of the 164th, Scott of the 165th and Birdsong of the 123rd:
A resolution urging that ROTC cadets at Georgia high schools, colleges, and universities be available to participate in memorial services for persons who served in combat while on active duty in the U. S. Armed Forces.
Referred to the Committee on Defense & Veterans Affairs.

HR 874. By Representatives Porter of the 143rd, Dobbs of the 92nd and Hanner of the 159th:
A resolution providing additional legislative intent with respect to the dispo sition and expenditure of funds collected as the Scrap Tire Management Fee and appropriated to the Solid Waste Trust Fund.
Referred to the Committee on Natural Resources & Environment.

HR 875. By Representatives Walker of the 87th, Mills of the 21st, Bridges of the 9th and Crews of the 78th:
A resolution commending and encouraging programs for periodic released time for religious instruction.
Referred to the Committee on Judiciary.

HR 876. By Representative Trense of the 44th: A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

210

JOURNAL OF THE HOUSE,

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

HR 938. By Representatives Connell of the 115th, Lee of the 94th, Coleman of the 142nd, Walker of the 141st, Williams of the 114th and others:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

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

HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1435
m nHoB i11S4433?78
HB 1439 HB 1440
HB 1441 HB 1442
HB 1443

HB 1444 HB 1445 HB 1446 HB 1447 HB 1448 HB 1449
HHBR 1.I4.4,o5,,1z
HB 1453 HR 865
HR 866 HB 1434
HB 1450

Pursuant to Rule 52, Representative Franklin of the 39th moved that the following Bill of the House be engrossed:

HB 1434.

By Representatives Franklin of the 39th, Joyce of the 1st, Coan of the 82nd, Massey of the 86th, Ladd of the 59th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate "Bill of Rights Day".

The motion prevailed.

Pursuant to Rule 52, Representative Smith of the 169th moved that the following Bill of the House be engrossed:

HB 1450.

By Representatives Smith of the 169th, Sims of the 167th, Mosley of the 171st, Byrd of the 170th, Holland of the 157th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to declare the first week in February of each year as "Home Education Week" in Georgia.

The motion prevailed.

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

FRIDAY, JANUARY 30, 1998

211

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:

HB 239 Do Pass, as Amended HB 1216 Do Pass, by Substitute

HB 1266 Do Pass, by Substitute HR 218 Do Pass, by Substitute

Respectfully submitted, M Twiggs of the 8th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1397 Do Pass HB 1398 Do Pass HB 1399 Do Pass

HB 1400 Do Pass HB 1407 Do Pass

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

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

HB 1397.

By Representative Smith of the 102nd:
A bill to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year.

The report 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 1398.

By Representative Smith of the 102nd:
A bill to amend an Act to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commis sioner of Harris County, so as to authorize the governing authority to pay to the tax commissioner of Harris County a salary supplement of up to $3,900.00 per year.

The report 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.

212

JOURNAL OF THE HOUSE,

HB 1399.

By Representative Smith of the 102nd:
A bill to amend an Act to provide that the ordinary of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the probate judge of Harris County a salary supplement of up to $4,100.00 per year.

The report 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 1400.

By Representative Smith of the 102nd:
A bill to amend an Act to provide that the clerk of the superior court of Har ris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the clerk of the superior court of Harris County a salary supplement of up to $4,600.00 per year.

The report 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 1407.

By Representatives McClinton of the 68th, Polak of the 67th, Mobley of the 69th, Sherrill of the 62nd, O'Neal of the 75th and others:
A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to repeal certain duties and powers of the city man ager with respect to educational affairs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 402. By Senator Egan of the 40th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to comprehensively reorganize and rewrite Arti cle 8, relating to investment securities; to provide a short title and defini tions; to provide rules for determining whether certain obligations and interests are securities or financial assets; to provide for acquisition of a secu rity or financial asset or interest therein.

FRIDAY, JANUARY 30, 1998

213

SB 404. By Senators Middleton of the 50th, Madden of the 47th and Ralston of the 51st:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change the eligibility for and method of calculating the amount of state grants for joint after-school programs for at-risk students; to provide for related matters; to provide an effective date.

SB 419. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others:
A bill to amend Code Section 48-5-51 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption from ad valorem taxation for dairy cattle; to provide for defini tions, conditions, and limitations; to provide for applicability; to provide for effective dates; to provide for a referendum.

SB 436. By Senator Land of the 16th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to coverage of claims against uninsured motorists, so as to change certain provisions relating to service of process upon insurance com panies which issued uninsured motorist policies; to provide for applicability.

SB 444. By Senators Oliver of the 42nd, Scott of the 36th, Stokes of the 43rd and others:
A bill to amend Title 16 and Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to crimes and the uniform rules of the road, respectively, so as to provide for uniform enforcement of statutory provisions relative to conduct in public transit buses, rapid rail cars, and stations.

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

SR 467. By Senators Middleton of the 50th, Marable of the 52nd and Hooks of the 14th:
A resolution creating a Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act".

HR 867. By Representatives Sims of the 167th, Byrd of the 170th, Porter of the 143rd and Houston of the 166th:
A resolution recognizing and honoring the Douglas Lions Club.

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

SB 410. By Senators Walker of the 22nd, Middleton of the 50th, Thomas of the 10th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children, so as to create the "Children's Health Insurance Act"; to provide for the establishment of a chil dren's health insurance program; to provide for administration; to provide for duties of the State Personnel Board and the State Merit System of Personnel Administration; to authorize the adoption of rules and regulations.

214

JOURNAL OF THE HOUSE,

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

SB 402. By Senator Egan of the 40th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to comprehensively reorganize and rewrite Arti cle 8, relating to investment securities; to provide a short title and defini tions; to provide rules for determining whether certain obligations and interests are securities or financial assets; to provide for acquisition of a secu rity or financial asset or interest therein.
Referred to the Committee on Banks & Banking.

SB 404. By Senators Middleton of the 50th, Madden of the 47th and Ralston of the 51st:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change the eligibility for and method of calculating the amount of state grants for joint after-school programs for at-risk students; to provide for related matters; to provide an effective date.
Referred to the Committee on Education.

SB 410. By Senators Walker of the 22nd, Middleton of the 50th, Thomas of the 10th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children, so as to create the "Children's Health Insurance Act"; to provide for the establishment of a chil dren's health insurance program; to provide for administration; to provide for duties of the State Personnel Board and the State Merit System of Personnel Administration; to authorize the adoption of rules and regulations.
Referred to the Committee on State Planning & Community Affairs.

SB 419. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others:
A bill to amend Code Section 48-5-51 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption from ad valorem taxation for dairy cattle; to provide for defini tions, conditions, and limitations; to provide for applicability; to provide for effective dates; to provide for a referendum.
Referred to the Committee on Ways & Means.

SB 436. By Senator Land of the 16th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to coverage of claims against uninsured motorists, so as to change certain provisions relating to service of process upon insurance com panies which issued uninsured motorist policies; to provide for applicability.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 30, 1998

215

SB 444. By Senators Oliver of the 42nd, Scott of the 36th, Stokes of the 43rd and others:
A bill to amend Title 16 and Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to crimes and the uniform rules of the road, respectively, so as to provide for uniform enforcement of statutory provisions relative to conduct in public transit buses, rapid rail cars, and stations.
Referred to the Committee on Transportation.

SR 467. By Senators Middleton of the 50th, Marable of the 52nd and Hooks of the 14th:
A resolution creating a Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act".
Referred to the Committee on Education.

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

Representative Jones of the 71st 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 Massey of the 86th 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.

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

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

HR 863. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberta of the 162nd, Bunn of the 74th, Crews of the 78th and others:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives.

HR 864. By Representative Parham of the 122nd:
A resolution recognizing and commending Dr. Rosemary DePaolo and invit ing her to appear before the House of Representatives.

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

HR 928. By Representative Channell of the lllth:
A resolution commending and congratulating the Gatewood Golf Team and their coach and inviting them to appear before the House of Representatives.

216

JOURNAL OF THE HOUSE,

HR 929. By Representatives Porter of the 143rd, Coleman of the 142nd, Lucas of the 124th, Murphy of the 18th and Barfoot of the 155th:
A resolution commending Robert Cook, Georgia Artist of the Year and invit ing him to appear before the House of Representatives.

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

SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection.

Representative Irvin of the 45th moved to limit debate on SR 463 to ten minutes with the exception of the presenter who will have twenty minutes.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Andenon
YAghe Y Bailey Y Bannister
Y Barfoot Y Barnard NBarnes Y Bates Y Benefield YBirdsong YBohannon N Bordeaux Y Bradford
Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn N Burkbalter YByrd Y Campbell
N Canty YCash EChannell
N Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConneU
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings N Davis, G N Davis, M YDay
Y DeLoacb, B Y DeLoacb, G YOU YDixon
YDobbs Dukes
YEhrhart NEpps Y Evans Y Everett Y Felton YFloyd Y Franklin
Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin N Heard NHecht Y Heckstall
Y Hegstrom YHenson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson YJenkins Y Johnson Y Johnston Y Jones N Joyce NKaye YLadd YLakly NLane YLee Y Lewis YLord N Lucas
Maddox NMann
Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton N McKinney Y Mills
Y Mobley Y Mosley N Mueller NO'Neal YOrrock YParham

On the motion, the ayes were 131, nays 34. The motion prevailed.

The following Committee substitute was read:

YParrish Y Parsons N Pelote
Perry Y Pinholster
YPoag YPolak E Ponder
Y Porter Y Powell YPurcell NRagas
Randall
YRay E Reaves Y Reichert
YRice Y Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill
YShipp YSims N 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 NSmyre YSnelling YSnow YStallings
Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor NTeague YTeper Y Thomas
Tillman Y Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L
N Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles E Williams B
Y Williams, J Williams, R
YWorthan YYates
Murphy, Spkr

FRIDAY, JANUARY 30, 1998

217

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article IV, Section II, Paragraph II of the Constitution is amended by inserting at the end thereof a new subparagraph (f) to read as follows:
"(f) The General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state and shall take effect as provided in Article X, Section I, Paragraph VI of the Constitution.

The following amendment was read:

Representatives Campbell of the 42nd and Stancil of the 16th move to amend the Com mittee substitute to SR 463 by striking lines 2 through 8 on page 1 and inserting in lieu thereof the following:
"that the powers of the State Board of Pardons and Paroles are limited so that persons convicted of violent crimes which are committed on or after July 1, 1999, are ineligible for parole; to define 'violent crimes'; to provide for submission of.
By striking lines 16 through 22 on page 1 and inserting in lieu thereof the following:
'"(f) The powers of the State Board of Pardons and Paroles are limited so that persons convicted of violent crimes which are committed on or after July 1, 1999, are ineligible for parole. As used in this subparagraph, the term "violent crimes" means those crimes provided in subsection (a) of Code Section 17-6-1 of the O.C.G.A. as of January 30, 1998, or as subsequently amended."
By striking lines 29 through 35 on page 1 and lines 1 through 3 on page 2 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

'"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the powers of the State Board of Pardons and Paroles are limited so that persons convicted of violent crimes as provided in Code Section 17-6-1 of the O.C.G.A., as now or hereafter amended, which are committed on or after July 1, 1999, are ineligible for parole?'"

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

N Alien
N Anderson YAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes Y Bates N Benefield N Birdsong YBohannon
N Bordeaux Y Bradford Y Breedlove
Y Bridges N Brooks Y Brown NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
Canty YCash E Channell N Childers Y Clark YCoan Y Coleman, B NColenum, T N Connell Y Cooper Y Crawford Y Crews

Y Culbreth N Cununings N Davis, G
Y Davis, M YDay
YDeLoach.B Y DeLoach, G YDfc NDizon NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett YFelton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes
N Houston N Howard
YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson N Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas
Maddoi YMann Y Maiming N Martin, J Y Martin, J.L
YMassey NMcBee NMcCall N McClinton N McKinney Y Mills
N Mobley N Mosley Y Mueller NO'Neal
NOrrock NParham

NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak E Ponder
N Porter N Powell NPurcell NRagas
NRandall NRay E Reaves N Reichert
YBice Y Richardson
N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott N Shanahan NShaw NSherriU 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 YSnelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague
NTeper N Thomas NTillman Y Titus YTolbert YTrense
N Turnquest NTwiggs
N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland YWhitaker Y Wiles E Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 76, nays 95. The amendment was lost.

The following amendment was read:

Representatives Campbell of the 42nd and Stancil of the 16th move to amend the Com mittee substitute to SR 463 by striking lines 2 through 8 on page 1 and inserting in lieu thereof the following:
"that the powers of the State Board of Pardons and Paroles are limited so that persons convicted of certain violent crimes which are committed on or after July 1, 1999, are ineli gible for parole; to provide for submission of.
By striking lines 16 through 22 on page 1 and inserting in lieu thereof the following:
'"(f) The powers of the State Board of Pardons and Paroles are limited so that persons convicted of violent crimes which are committed on or after July 1, 1999, are ineligible for parole. As used in this subparagraph, the term "violent crimes" means:
(1) Treason;

FRIDAY, JANUARY 30, 1998

219

(2) Murder;

(3) Rape;

(4) Aggravated sodomy;

(5) Armed robbery;

(6) Aircraft hijacking and hijacking a motor vehicle;

(7) Aggravated child molestation;

(8) Aggravated sexual battery;

(9) Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;

(10) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana;

(11) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnap ping, arson, aggravated assault, burglary, or one or more of the offenses listed in subparagraphs (1) through (10) of this subparagraph; and"

(12) Aggravated stalking.'"

By striking lines 29 through 35 on page 1 and line 1 through 3 on page 2 and inserting in lieu thereof the following:

'"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the powers of the State Board of Pardons and Paroles are limited so that persons convicted of certain violent crimes which are committed on or after July 1, 1999, are ineligible for parole?'"

The following amendment was read:

Representatives Childers of the 13th, Stephens of the 150th and Graves of the 125th move to amend the Campbell-Stancil amendment to SR 463 as follows:
By adding after the " on page 2 line 3 a new sentence to read
"Provided however the provision of this Act shall not take place until uniform sentences have been established."

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

N Alien N Andersen NAshe
N Bailey N Bannister N Barfoot N Barnard N Barnes N Bates NBenefield N Birdsong N Bohannon N Bordeaux Y Bradford NBreedlove N Bridges

Y Brooks N Brown NBuck
N Buckner N Bunn N Burkhalter N Byid N Campbell
Canty Y Cash E Channell Y Guilders N Clark N Coan N Coleman, B N Coleman, T

N Connell N Cooper Y Crawford
N Crews Y Culbreth Y Cummings N Davis, G N Davis, M N Day Y DeLoach, B N DeLoach, G N Dix N Dixon N Dobbs N Dukes N Ehrhart

N Epps N Evans N Everett
N Felton N Floyd N Franklin N Golden Y Graves N Greene N Grindley N Hammontree N Hanner Y Harbin N Heard N Hecht N Heckstall

N Hegstrom Y Henson N Holland
N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James
Jamieson N Jenkins
Johnson

220
N Johnston N Jones Y Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord N Lucar-
Maddox N Mann Y Manning N Martin, J Y Martin, J.L NMassey N McBee NMcCall N McClinton

JOURNAL OF THE HOUSE,

N McKinney N Mills N Mobley NMosley
Y Mueller N O'Neal NOrrock N Parham NParrish N Parsons N Pelote Y Perry N Pinholster NPoag NPolak E Ponder N Porter
N Powell NPurcell
N Rages

YRandaU NRay E Reaves Y Reichert NRice N Richardson N Roberts N Rogers N Royal N Sanders Y Sauder N Scarlett N Scheid N 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 N Smith, V
NSmyre N SneUing NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper

N Thomas NTillman Y Titus
N Tolbert NTrense N Turnquest NTwiggs N Walker, L N Walker, R.L N Watson NWest N Westmorland N Whitaker N Wiles E Williams, B
N Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 23, nays 148. The amendment was lost.

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

N Alien N Anderson YAshe N Bailey Y Bannister NBarfoot
Y Barnard YBarnes 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
Canty YCash E Channel! 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 NDixon N Dobbs 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 Y Harbin N Heard NHecht
Heckstall N Hegstrom N Henson N Holland N Holmes N Houston N Howard
Y Hudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
Y Jackson N James
Jamieson N Jenkins
Johnson Y Johnston N Jones Y Joyce
YKaye YLadd YLakly
NLane NLee Y Lewis
NLord N Lucas
Maddox YMann Y Manning
N Martin, J Y Martin, J.L YMassey N McBee N McCall N McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal NOrrock
NParham

N Parrish Y Parsons N Pelote N Perry Y Pinholster
NPoag NPolak E Ponder
N Porter N Powell NPurcell NRagas NRandall NRay E 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 NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 75, nays 95. The amendment was lost.

The following amendment was read:

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y SneUing
NSnow NStallings
N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson
NWest Y Westmoreland
N Whitaker Y Wiles
E Williams, B Y Williams, J N Williams, R Y Worthan Y Yates
Murphy, Spkr

FRIDAY, JANUARY 30, 1998

221

Representative Trense of the 44th moves to amend the Committee substitute to SR 463 by striking lines 4 and 5 on page 1 and inserting in lieu thereof the following:
"Pardons and Paroles, so that persons convicted of the crime of child molestation which is committed on"
By striking lines 18 and 19 on page 1 and inserting in lieu thereof the following:
"Pardons and Paroles, so that persons convicted of the crime of child molestation which is".
By striking lines 33, 34, and 35 on page 1 and inserting in lieu thereof the following:
"Paroles, so that persons convicted of the crime of child molestation which is committed on or after July 1, 1999, shall".

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

N Alien NAndereon
YAshe N Bailey Y Bannister NBarfoot Y Barnard
Barnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck Y Buckner YBunn Y Burkhalter NByrd Y Campbell
Canty YCash E 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 Diion 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 NHecht N Heckstall
N Hegstrotn N Henson
N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson N Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas
Maddox YMann Y Manning N Martin, J Y Martin, J.L
YMassey NMcBee N McCall 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 E Ponder N Porter N Powell NPurcell NRagas NRandall NRay E Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott N Shanahan NShaw N Sherrill YShipp NSims N Sinkfield
N Skipper Smith, C
Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P N Smith, T
Y Smith, V NSmyre YSnelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper Y Thomas NTillman Y Titus Y Tolbert Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles E Williams, B Y Williams, J Y Williams, R Y Worthan
YYates Murphy, Spkr

On the adoption of the amendment, the ayes were 79, nays 90. The amendment was lost.

The following amendment was read:

Representative Walker of the 141st, et al. move to amend the Committee substitute to SR 463 by adding after the word "duty" on line 17 of page 1 the following:
", beginning in the 1999 regular session of the General Assembly,".
By adding after the period on line 22 of page 1 the following:

222

JOURNAL OF THE HOUSE,

"The mandatory sentencing authority provided for in this subparagraph shall be in addi tion to mandatory sentencing already provided by law, and existing mandatory sentenc ing laws shall not be abated by the adoption of this subparagraph."

The following amendment was read:

Representative Irvin of the 45th moves to amend the Crawford-Walker amendment to the Committee substitute to SR 463 as follows:
By striking the word "beginning" from line 6, page 1
And adding after "assembly" on line 7, page 1, the following:
"and subject to subsequent amendments by law,"

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

N Alien
NAndenon YAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnea Y Bates NBenefield
NBirdsong Y Bohannon N Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn YBurkhatter
NByrd Y Campbell
Canty YCash E Channel!
NChilden Y Clark YCoan YColeman, B NColeman,T NConneU
Y Cooper Y Crawford
Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M
YDay YDeLoach, B YDeLoach, G YDii N Dixon
NDobbs N Dukes YEhrbart NEpps Y Evans YEverett Y Felton NFloyd Y Franklin N Golden Y Graves NGreene YGrindley Y Hammontree N Hanner N Harbin
N Heard NHecht NHeckstall N Hegstrom NHenson
N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson N Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye
YLadd YLakly NLane NLee Y Lewis
NLord N Lucas
Maddoi YMann N Manning
N Martin, J Y Martin, J.L YMaseey NMcBee NMcCaU N McClinton Y McKinney Y Mills N Mobley N Mosley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons N Pelote N Perry Y Pinholster
NPoag NPolak
E Ponder N Porter N Powell NPurcell NRagas NRandall NRay E Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal
Y Sanders YSauder Y Scarlett YScheid
Y Scott N Shanahan NShaw NSherrill YShipp
NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 73, nays 98. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L
N Stanley, P Y Stephens N Taylor NTeague NTeper
N Thomas NTillman Y Titus N Tolbert YTrense N Tumquest NTwiggs N Walker, L
Y Walker, RL N Watson N West Y Westmorland Y Whitaker Y Wiles E Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

The Walker amendment was adopted.

The Committee substitute, as amended, was adopted.

Representative Irvin of the 45th moved that SR 463 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, JANUARY 30, 1998

223

N Alien N Anderson YAshe
N Bailey Y Bannister NBarfoot Y Barnard NBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux N Bradford
NBreedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell
N Canty YCash E Channell
N ChUders Y Clark YCoan Y Coleman, B NColeman, T NConnell
Y Cooper N Crawford Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G YDix NDizon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett Y Felton
NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner N Harbin N Heard NHecht NHeckstall
N Hegstrom NHenson N Holland N Holmes
N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
Y Jackson N James
Jamieson NJenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas
Maddox 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 NOrrock N Parham

NParrish Y Parsons N Pelote N Perry Y Pinholster
NPoag NPolak E Ponder N Porter N Powell NPurcell
NRagas NRandall
NRay E Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders NSauder Y Scarlett Y Scheid Y Scott N Shanahan NShaw 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 N Smith, T Y Smith, V N Smyre YSnelling N Snow N StaUings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Y Stephens N Taylor NTeague NTeper N Thomas NTiUman Y Titus N Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson N West Y Westmoreland NWhitaker Y Wiles E Williams, B Y Williams, J N Williams, R Y Worthan Y Yates
Murphy, Spkr

On the motion, the ayes were 67, nays 105. The motion was lost.

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

Y Alien Y Andersen
YAshe Y Bailey N Bannister YBarfoot Y Barnard YBarnes
Bates Y Benefield YBirdsong N Bohannon N Bordeaux
Y Bradford Y Breedlove Y Bridges Y Brooks N Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash E Channell

YChilders N Clark
YCoan Y Coleman, B
Y Coleman, T YConnell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G YDix YDixon
YDobbs Y Dukes N Ehrhart YEpps Y Evans NEverett Y Felton YFloyd N 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 N Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin Y Jackson
Y James Jamieson
Y Jenkins Johnson
N Johnston

Y Jones N Joyce NKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas
Maddox NMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley N Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons N Pelote Y Perry Y Pinholster YPoag YPolak E Ponder Y Porter Y Powell YPurcell
YRagas YRandall
YRay E Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan

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YShaw YSherrffl YShipp 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 Snefflng Y Snow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Y Teague Y Teper N Thomas Y Tillman

N Titus Y Tolbert Y Trense Y Tumquest Y Twiggs Y Walker, L Y Walker, R.L Y Watson Y West

N Westmoreland Y Whitaker Y Wiles E Williams, B N Williams, J Y Williams, R Y Worthan N Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 141, nays 30.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

Representative Stanley of the 50th 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 SR 463.

Dear Clerk,
I respectfully ask that I share my consternation over Senate Resolution 463. I have no problem voting "yea" for this bill, but I do have a problem with the lack of substance in this bill. We are sent by the people of our district to do the business of the State of Geor gia. The people have overwhelmingly said that they want parole abolished for violent crimes.
This bill is toothless and does nothing to address this problem. I hope we will get back to doing what is right and fair for the safety of our citizens.
Respectfully submitted this day of our Lord January 30, 1998.
/s/ Mike Coan Dist. 82

House of Representatives Legislative Office Building, Room 404
Atlanta, Georgia 30334
1/30/98
Clerk, House of Representatives
Pursuant to Rule 137, I submit these comments to explain my "No" vote on SR 463, the proposed Constitutional Amendment. First of all, I followed the lead of our Republican leadership. However, and more importantly, this measure was toothless and would not abolish parole. All it did was to give the General Assembly the permission to abolish parole at some later undetermined date. I questioned the Majority Leader when he was in the "Well" about its fiscal impact. He admitted the impact was zero dollars meaning there was no impact. Hopefully, I will get another opportunity this Session, when this measure comes back from the Senate, to abolish parole NOW!
Respectfully, /s/ Mitchell Kaye

SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others:
A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform.

FRIDAY, JANUARY 30, 1998

225

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Bipartisan Joint Commission on Sentencing Reform; and for other purposes.
WHEREAS, it is a paramount obligation of government to provide for the protection of the safety of the public; and
WHEREAS, crime and crime prevention continue to be concerns for the people of the State of Georgia and its public officials; and
WHEREAS, a constitutional amendment relating to ineligibility for parole will be pro posed to the voters of Georgia in the November, 1998, general election; and
WHEREAS, it is necessary to evaluate the current sentencing practices in the State of Georgia and consider alternatives for the implementation of a truth in sentencing system in Georgia; and
WHEREAS, there exists a need for deliberate, expert, and rational review and recommen dations with respect to a consistent and workable approach to truth in sentencing in the Georgia criminal justice system.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that there is created the Bipartisan Joint Commission on Sentencing Reform to be composed of 23 members. Five members shall be appointed by the Governor, three mem bers shall be appointed by the Lieutenant Governor, three members shall be appointed by the Speaker, three members shall be appointed by the Minority Leader of the House of Representatives, three members shall be appointed by the Minority Leader of the Senate, three members shall be appointed by the chair of the Democratic Party of Georgia, and three members shall be appointed by the chair of the Republican Party of Georgia. The appointees shall not include members of the House or Senate but shall include representa tives of trial and appellate courts, state and local law enforcement officials, persons with an expertise in the fields of criminal justice and sentencing, and victims' advocacy organi zations. All appointments shall be made no later than April 15, 1998. The Governor shall designate a chair and vice chair of the commission. The chair shall call all meetings of the commission, provided that the commission's initial meeting shall be no later than May 1, 1998.
BE IT FURTHER RESOLVED that the commission shall have the responsibility of mak ing recommendations to the Governor and the General Assembly on all matters related to the adoption and implementation of a truth in sentencing system for the State of Georgia. The commission's specific responsibilities shall be as follows:
(1) To examine Georgia's current sentencing system and relevant data regarding other sentencing systems, including truth in sentencing, sentencing guidelines, and similar systems in other states and at the federal level, for the purpose of recommending an effective and workable plan for instituting truth in sentencing in Georgia;
(2) To recommend, as part of the truth in sentencing plan, a mechanism for any nec essary restructuring of current criminal sentences;
(3) To evaluate current inmate population and cost projections and the population and fiscal impact of the truth in sentencing plan recommended by the commission;
(4) To conduct public hearings throughout the State of Georgia for the purpose of receiving the views of citizens and informing them about the proposed truth in sen tencing system; and
(5) To recommend legislation which the commission deems necessary and appropriate.

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the commission may conduct such meetings and pub lic hearings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its duties and accomplish the purposes of this resolution. The members of the commission, including members of the public but not including other state officers or employees, shall receive the allowance authorized for legis lative members of interim legislative committees but shall receive the same for not more than 20 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the General Assembly. The commission shall complete its work and issue its report to the General Assembly on or before December 15, 1998. The commission shall stand abolished on December 31, 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 Y Anderson YAshe Y Bailey
Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter YByrd Y Campbell
Y Canty YCash
BChannell YChilders Y Clark YCoan
Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cumniings
Y DavU, G Y Davis, M YDay
DeLoach, B YDeLoach, G YDix YDizon YDobbs
Dukes YEhrhart
YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht Y Heckstall
YHegstrom YHenson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
Y James Jamieson
Y Jenkins 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 Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons Y Pelote Y Perry Y Pinbolster YPoag YPolak E Ponder Y Porter YPowell YPurcell YRagas YRandall
YRy E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Y Scarlett Y Scheid Y Scott YShanahan YShaw
YSherrill 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 YSnelling YSnow YStafflngs Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens
Y Taylor YTeague YTeper
Y Thomas Tilhnan
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland YWhitaker Y Wiles E WiUiams B Y Williams, J Y Williams, R
YWorthan YYates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The following Resolutions of the House were read and adopted:

HR 936. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Culbreth of the 132nd and others:
A resolution expressing condolences upon the passing of Mr. Kurtis Jones.

FRIDAY, JANUARY 30, 1998

227

HR 937. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Culbreth of the 132nd and others:
A resolution in remembrance of the Reverend Tony Thompson, Jr.

Pursuant to HR 810, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 2, 1998.

228

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 2, 1998

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 Barnard Baraea
Bates Benefield Birdsong BohaxuKm Bradford Bnedlove Bridges Brooka Brown Buck Bunn Burkhalter Byrd Campbell Canty Cash Channell
Childen Clark Coan Coleman, B Coleman, T Connell Crawford Crews Culbreth

Cummings Davis, G DeLoach, B DeLoach, G Dixon Dobbs Dukes Ehrhart Evans Everett Felton Floyd Franklin Golden Graves Greene Grindley Hammontree
Harbin Heard Hecht Heckstall Hegstrom Henson Holland Houston riowftrd Hudgens Hudson, H Hudson, N Hugley

Jackson James Jamieson Johnson Johnston Jones Kaye Ladd Lakly Lane Lee Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McClinton McKinney Milb Mobley Mosley Mueller O-Neal Parrish Parsons Pelote

Pinholster Poag Polak Ponder Purcell Ragas Randall
Bay Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scott Shftn&lum Shaw Shipp Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T

Smith, V Snelling Snow StaUings Stancil, F Stancil, S Stanley, L Stanley, P Stephens Taylor Teper Thomas TUlman Titus Tolbert Trense Turnquest Twiggs Walker, L Walker, R.L Watson West Westmorland Whitaker Wiles E 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 McCall of the 90th, Porter of the 143rd, Irvin of the 45th, Hanner of the 159th, Epps of the 131st, Bannister of the 77th, Day of the 153rd, SherriU of the 62nd, Dix of the 76th, Powell of the 23rd, Perry of the llth, Smyre of the 136th, Teague of the 58th, Davis of the 60th, Buckner of the 95th, Alien of the 117th, Orrock of the 56th, Bordeaux of the 151st, Jenkins of the 110th, Joyce of the 1st and Scheid of the 17th.
They wish to be recorded as present.

Prayer was offered by the Reverend Raymond Cochran, Pastor, Franchise Missionary Baptist Church, Phenix City, Alabama.

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 2, 1998

229

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1466. By Representatives Royal of the 164th, Holland of the 157th, Scott of the 165th and Stancil of the 16th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require changes in voting precinct boundaries to be filed with the Legislative and Congressional Reapportionment Office.
Referred to the Committee on Governmental Affairs.
HB 1467. By Representatives Royal of the 164th, Buck of the 135th, Skipper of the 137th and Polak of the 67th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to procedures for the imposition of the special county 1 per cent 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 1468. By Representative Hudgens of the 24th: A bill to provide a new charter for the City of Danielsville.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1469. By Representatives Mann of the 5th and Hammontree of the 4th: A bill to amend Code Section 20-2-165 of the Official Code of Georgia Anno tated, relating to equalization grants provided pursuant to the "Quality Basic Education Act," so as to provide for the amount of such grants during the first four effective years of a merger of any two or more local school systems.
Referred to the Committee on Education.
HB 1470. By Representatives Benefield of the 96th, Murphy of the 18th and Birdsong of the 123rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to duties of a county with respect to its county road system; to change cer tain provisions relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets.
Referred to the Committee on Transportation.

230

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HB 1471. By Representatives Smith of the 103rd, Barnes of the 33rd, Smith of the 109th, Walker of the 141st, Crawford of the 129th and others:
A bill to amend Code Section 34-8-195 of the Official Code of Georgia Anno tated, relating to determination of eligibility for unemployment benefits gen erally, so as to provide that an individual shall not be deemed able to work, available for work, and actively seeking employment and shall be ineligible or disqualified for benefits if such person, after being referred to work by the department, fails to apply for work or refuses work because the employer requires a preemployment drug test.
Referred to the Committee on Industrial Relations.

HB 1472. By Representative Richardson of the 26th:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Anno tated, relating to divorce, so as to limit the use of the ground that the mar riage is irretrievably broken to enumerated circumstances; to provide that a divorce on such ground shall not be granted until 180 days from the date of service.
Referred to the Committee on Judiciary.

HB 1473. By Representative Cummings of the 27th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutory provisions, so as to include in such exemptions state and federal trial and appellate judges who have left office.
Referred to the Intra-Governmental Coordination.

HB 1474. By Representative Polak of the 67th:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding tax exemptions, so as to change cer tain qualifications with respect to homestead exemptions.
Referred to the Committee on Ways & Means.

HB 1475. By Representative Bordeaux of the 151st:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Anno tated, relating to the exclusivity of rights and remedies granted to employees under Chapter 9 of Title 34, so as to provide an exception for certain emo tional or mental injuries suffered by employees arising out of and in the course of employment.
Referred to the Committee on Industrial Relations.

HB 1476.

By Representatives Bordeaux of the 151st and Stephens of the 150th:
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 charita ble organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances.

Mr. Clerk:

Jan. 30, 1998

MONDAY, FEBRUARY 2, 1998

231

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1476. This notice is made prior to or upon reading the bill the first time.
/s/ Tom Bordeaux Representative 151st District
Referred to the Committee on Industry.

HB 1477. By Representative DeLoach of the 172nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to eliminate primary elections and special primary elec tions for state, county, and congressional offices; to conform certain provi sions relating to the presidential preference primary.
Referred to the Committee on Governmental Affairs.

HB 1478. By Representatives Sims of the 167th, West of the 101st, DeLoach of the 119th, Taylor of the 134th, Barnes of the 33rd and others:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Anno tated, relating to funeral directors and embalmers, so as to change the provi sions relating to apprenticeships; to repeal a provision relating to crematory licenses.
Referred to the Committee on Health & Ecology.

HB 1479. By Representatives Canty of the 52nd, Mobley of the 69th, Orrock of the 56th, Davis of the 48th and Turnquest of the 73rd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance gener ally, so as to prohibit certain discrimination by insurers based on abuse sta tus of an insured.
Referred to the Committee on Insurance.

HB 1480. By Representatives Byrd of the 170th, Mosley of the 171st, Barfoot of the 155th and Barnard of the 154th:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Anno tated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to provide that the Department of Natural Resources shall issue no new permits for the withdrawal of over 500,000 gallons of ground water in that portion of the state below the fall line for a period of two years.
Referred to the Committee on Natural Resources & Environment.

HB 1481. By Representative Lucas of the 124th:
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 state income tax, so as to provide an income tax credit for insurance enterprises which create a certain number of new jobs in any year.
Referred to the Committee on Ways & Means.

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HB 1482. By Representative Byrd of the 170th:
A bill to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the organization of schools and school systems, so as to provide for the attendance and enrollment of a nonresident student whose parent or guardian is a teacher or other employee of a local school system.
Referred to the Committee on Education.

HB 1483. By Representatives Sims of the 167th, Royal of the 164th, Hudson of the 156th, Shaw of the 176th, Dixon of the 168th and others:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to impose a tax upon certain individuals' profits derived from accounts, descriptions, publishing a book or article, making a public appear ance, or participating in any commercial activity concerning a crime commit ted within the State of Georgia.
Referred to the Committee on Judiciary.

HB 1484. By Representatives Powell of the 23rd, Parham of the 122nd, Porter of the 143rd and Roberts of the 162nd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change certain provisions relating to registration periods; to define certain terms; to provide for enrollment, registration, and licensing of fleets of motor vehicles under certain conditions.
Referred to the Committee on Motor Vehicles.

HB 1485. By Representative Shanahan of the 10th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Anno tated, relating to city business improvement districts, so as to allow the time period for existence of the district to range from five years to ten years.
Referred to the Committee on State Planning & Community Affairs.

HB 1486. By Representatives Burkhalter of the 41st, Benefield of the 96th, Barnes of the 33rd, Sauder of the 29th and Coleman of the 142nd:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding counties and municipalities, so as to provide for legislative findings and implementation; to provide for exemptions from regulation by the Public Service Commission, Department of Transportation, and State Tollway Authority.
Referred to the Committee on Transportation.

HB 1487. By Representatives Bailey of the 93rd and Jackson of the 112th:
A bill to amend Part 13 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank fees, so as to provide for a time before which a bank may not debit a customer's account for an insufficient funds fee.
Referred to the Committee on Banks & Banking.

MONDAY, FEBRUARY 2, 1998

233

HB 1488. By Representatives Snow of the 2nd, Brooks of the 54th, Barnes of the 33rd, Perry of the llth, Stephens of the 150th and others:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to authorize certain punitive actions against members of the General Assembly who are convicted of certain criminal offenses involving controlled substances, marijuana, or dangerous drugs while serving in the General Assembly.
Referred to the Committee on Rules.

HB 1489. By Representative Jones of the 71st:
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 for a surcharge on certain fines; to provide that such funds shall be paid to the various sheriffs' offices or police departments to purchase new equipment.
Referred to the Committee on Public Safety.

HB 1490.

By Representative Holland of the 157th:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to state symbols, so as to provide that the official state peanut monument shall be a certain peanut sculpture in Turner County.

Feb. 2, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1490. This notice is made prior to or upon reading the bill the first time.
/s/ Holland Representative 157th District
Referred to the Committee on Agriculture & Consumer Affairs.

HR 930. By Representatives Porter of the 143rd, Birdsong of the 123rd, Parham of the 122nd, Smith of the 19th and Mann of the 5th:
A resolution encouraging the United States Department of Veterans Affairs to extend benefits to veterans who suffer from post-traumatic stress disorder.
Referred to the Committee on Defense & Veterans Affairs.

HR 931. By Representatives Porter of the 143rd, Coleman of the 142nd and Barfoot of the 155th:
A resolution designating State Highway 19 in Laurens County as "The Cap tain Bobbie Brown Highway".
Referred to the Committee on Transportation.

HR 932. By Representatives Buckner of the 95th, Taylor of the 134th, Hugley of the 133rd, Teague of the 58th, McBee of the 88th and others:
A resolution creating the Joint County Extension Family and Consumer Sci ence Agent Study Committee.
Referred to the Committee on Rules.

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HR 933. By Representatives Crawford of the 129th and Hecht of the 97th: A resolution amending the Rules of the House.
Referred to the Committee on Rules.

HR 934. By Representatives Franklin of the 39th, Day of the 153rd and Mueller of the 152nd:
A resolution proposing an amendment to the Constitution so as to require the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valo rem taxation purposes at their fair market value as of the date of the owner's acquisition thereof.
Referred to the Committee on Ways & Means.

HR 935. By Representatives Barnes of the 33rd, Manning of the 32nd, Grindley of the 35th, Wiles of the 34th, Shipp of the 38th and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County.
Referred to the Committee on State Institutions & Property.

HR 939. By Representatives Heckstall of the 55th, Randall of the 127th, Holmes of the 53rd, Bunn of the 74th, Martin of the 47th and others:
A resolution urging the Department of Revenue to take appropriate action to ensure that sales taxes are not unlawfully collected on food.
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 1454 HB 1455 HB 1456 HB 1457 HB 1458 HB 1459 HB 1460 HB 1461 HB 1462 HB 1463 HB 1464 HB 1465 HR 871

HR 872 HR 873 HR 874 HR 875 HR 876 HR 938 SB 402 SB 404 SB 410 SB 419 SB 436 SB 444 SR 467

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 2, 1998

235

HB 1439 Do Pass HB 1443 Do Pass

Respectfully submitted, M Royal of the 164th
Chairman

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

HB 1439. By Representative Channell of the lllth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Oglethorpe County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1443.

By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the residency requirements with respect to candi dates for membership on the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, 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 290. By Senator Broun of the 46th:
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; to provide for a return of employee contributions; to provide for an effective date and for automatic repeal.

SB 418. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the solicitorgeneral of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date.

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SB 421. By Senators Perdue of the 18th, Marable of the 52nd, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to define a term; to limit access to juvenile fingerprint records to the administration of criminal justice; to require that all children charged with acts which would be a felony if committed by an adult be fingerprinted and photographed; to authorize fingerprinting a juvenile if latent fingerprints are found at a crime scene under certain circumstances.

SB 483. By Senator Broun of the 46th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, as amended, so as to change the supplementary compensation for the judges of the superior courts of the Western Judicial Circuit by the governing authority of the Unified Government of Athens-Clarke County and the governing authority of Oconee County.

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

SB 290. By Senator Broun of the 46th:
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; to provide for a return of employee contributions; to provide for an effective date and for automatic repeal.
Referred to the Committee on Retirement.

SB 418. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the solicitorgeneral of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 421. By Senators Perdue of the 18th, Marable of the 52nd, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to define a term; to limit access to juvenile fingerprint records to the administration of criminal justice; to require that all children charged with acts which would be a felony if committed by an adult be fingerprinted and photographed; to authorize fingerprinting a juvenile if latent fingerprints are found at a crime scene under certain circumstances.
Referred to the Committee on Public Safety.

MONDAY, FEBRUARY 2, 1998

237

SB 483. By Senator Broun of the 46th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, as amended, so as to change the supplementary compensation for the judges of the superior courts of the Western Judicial Circuit by the governing authority of the Unified Government of Athens-Clarke County and the governing authority of Oconee County.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Jones of the 71st arose to a point of personal privilege and addressed the House.

Representative Hudson of the 120th 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.

The Speaker Pro Tem assumed the Chair.

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

Representative Stanley of the 49th arose to a point of personal privilege and addressed the House.

The Speaker assumed the Chair.

Representative Smyre of the 136th 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.

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

HR 940. By Representative Jamieson of the 22nd:
A resolution inviting the CREEK Kids of Stephens County Middle School to appear before the House of Representatives.

HR 941. By Representatives Smith of the 102nd and Epps of the 131st:
A resolution commending the Manchester High School football team and inviting the team and its coaches to appear before the House of Representa tives.

HR 943. By Representatives Reichert of the 126th, Graves of the 125th, Birdsong of the 123rd, Ray of the 128th, Lucas of the 124th and others:
A resolution commending the Tattnall Square Academy football team and inviting the team and its coaches to appear before the House of Representa tives.

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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 1164. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th, Lee of the 94th, Connell of the 115th and others:
A bill to provide that persons who have been found to have committed a serious violent felony shall not be afforded first offender treatment; to pro vide for legislative findings; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide that provisions relating to probation of first offenders shall not be available to any person upon a ver dict or plea of guilty to a serious violent felony.

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

Y Alien
YAndereon YAshe Y Bailey
Bannister
YBmfoot Y Barnard
Y Burma Y Bates Y Benefield
YBirdaong 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 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 YDay YDeLoach,B Y DeLoach, G
Diz YDiion YDobbs
Y Dukes YEhrhart YBpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree
Y Manner Y Harbin Y Heard YHecht
Hecks tall Y Hegstrom
YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson
Jenkins Johnson Y Johnston Y Jones
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
McCall Y McClinton Y McKinney Y Mills
Y Mobley YMosley Y MueUer 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
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 YSnelling
YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson
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, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was

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.

MONDAY, FEBRUARY 2, 1998

239

HB 464. 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 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retire ment 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 sur vivor option and whose spouse predeceases him or her shall be increased.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to pro vide an option whereby the retirement benefits of a retired member who selected a spouses' survivor option and whose spouse predeceases him or her shall be increased to the maximum retirement allowance which the retired member would otherwise have been entitled to receive; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof the following:
"(a) At the time a member becomes eligible for retirement benefits, he or she shall choose one of tiuee four payment options for retirement benefits. He The member must indicate his or her choice of payment options upon the application for retirement bene fits filed with the secretary-treasurer. Upon approval of the member's application by the board, such member shall be paid retirement benefits in the form of a monthly sum of money determined in accordance with the option he or she has selected. The tlee four payment options are as follows:
(1) Option One shall be known as a 'single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $276.00 $320.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $276.00 $320.00 per month, plus $69:09 $80.00 per month for each additional year of service so credited to the member, and in the event If the member shall have has additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the member; provided, however, that in no case shall such benefits exceed $2,070.00 $2.400.00 per month; provided, further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors:
(A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retire ment, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in

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the maximum retirement benefit granted by the General Assembly through amend ment te of this Code section?] (2) Option Two shall be known as a '100 percent joint life annuity' and shall provide retirement benefits for the life of either the member or his or her spouse, whichever is the survivor. The monthly amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be the actuarial equivalent of the monthly retirement payment which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board; (3) Option Three shall be known as the '50 percent contingency life annuity' and shall provide for payment of a 50 percent benefit for the life of the surviving spouse. The amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be computed so as to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accu rate mortality table adopted by the board?] and (4) When Option Two or Three is elected, Option Four shall consist of the added pro vision that in the event the spouse predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. The amount to be paid under this option shall be based on the member's age and that of his OT her spouse at the member's retire ment and shall be computed so as to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board, (b) Under either Option TwOj e* Three, or Four, in the event the spouse of a retired member who is receiving retirement benefits predeceases the retired member, no subse quent spouse of such member shall be entitled to monthly retirement benefits. It is the intent of this Code section to limit retirement benefits under Options Two, and Three, and Four, in the event of any such retired member's death, to the spouse of any member who is in life at the time such member is eligible for and is approved for retirement ben efits. Benefits payable to the spouse of a deceased member shall be payable for only so long as such spouse remains the widow or widower of such deceased member and should such spouse remarry, any benefits payable to such spouse shall cease as of the date of remarriage."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAnderson YAshe
Y Bailey 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 Cash Y Channel!
Y Childere 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

MONDAY, FEBRUARY 2, 1998

241

YDay YDeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhihart YEpps Y Evans YEverett YFelton YFloyd Y Franklin
Y Golden Y Graves YGreene YGrindley Y Hammontree Y Banner Y Harbin Y Heard YHecht
Heckstall YHegstrom YHenson Y Holland Y Holmes

Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N
Y Hugley Ylrvin
Jackson Y James YJamieson Y Jenkins
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 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 Roberta 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 Y Smyre YSnelling YSnow Y Stalling!

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephens Y Taylor
YTeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker 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 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1419. By Representatives Walker of the 141st, Lee of the 94th, Reichert of the 126th, Randall of the 127th, Lucas of the 124th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, by repealing Part 1, relating to the Georgia Sports Hall of Fame, in its entirety; to amend Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, so as to change the provisions relating to the membership of the authority and terms of office of members.

The following amendment was read and adopted:

The Committee on Rules moves to amend HB 1419 adding between Sections 2 and 3 a new Section 2.1 to read as follows:
"SECTION 2.1. Said part is further amended by striking subsection (d) and inserting in its place a new subsection to read as follows:
'(d) The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority ft the same daily expense allowance and reim bursement for transportation costs as provided for members of the General Assembly, as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such.'"

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:

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JOURNAL OF THE HOUSE,

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck
YBuckner YBunn Y Burkhalter
YByrd Y Campbell
Canty YCash Y Channel! Y Guilders 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 YDeLoach, B YDeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd YFranklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin
Y Heard YHecht
Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
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 YMcBee YMcCall Y McClinton Y McKinney YMills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons YPelote
Perry YPinbolster
YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett
Scheid Scott Y Shanahan 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 Standl, S
Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas
Tillman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, RL Y Watson YWest Y Westmoreland YWhi taker
Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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

Representative Scott of the 165th 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 1081. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Teachers Retire ment System of Georgia, so as to provide that upon the death of a designated recipient of continued benefits as elected by a retired member, the retired member may cancel the previous election and begin receiving a regular benefit.

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 Bannister YBarfoot Y Barnard
Barnes Y Bates Y Benefield

YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner

YBunn Y Burkhalter YByrd Y Campbell
Canty YCash YChannell YChilders
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 YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans

MONDAY, FEBRUARY 2, 1998

243

Y Everett Y Felton YFloyd Y Franklin
Golden Y Graves YGreene Y Grindley Y Hammontree
Hanner Y Harbin Y Heard YHecht
HeckstaU Y Hegstrom YHenson Y Holland
Y Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N
Y Hugley Ylrvin
Jackson

Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane YLee Y Lewis YLord
Lucas
Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
YMcCall Y McClinton Y McKinney YMills

Y Mobley Y Mosley Y Mueller YOTSIeal 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
Scheid Y Scott YShanahan 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman YTitue Y Tolbert YTrense
Turnquest YTwiggs
Walker, L
Y Walker, R.L Y Watson 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Anno tated, 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.

The following Committee substitute was read and adopted:

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 Firefighters' Pension Fund, so as to pro vide 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; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firefighters' Pension Fund, is amended by inserting at the end thereof the following:
"(h)(l) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the mem ber had elected to receive 100 percent of the member's benefits under Option A as provided in paragraph (1) of subsection (d) of this Code section. Such benefits shall commence on the date the deceased member would have reached the age of 55 years

244

JOURNAL OF THE HOUSE,

or, at the option of the surviving spouse, on the date the deceased member would have reached the age of 50 years in accordance with the provisions of subsection (f) of this Code section. (2) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is not survived by a spouse, the selected beneficiary shall be entitled to receive a benefit as if the mem ber had elected to receive Option B as provided in paragraph (2) of subsection (d) of this Code section. (3) If any member who has elected an option under subsection (d) of this Code sec tion dies after accruing at least 15 years of creditable service but before applying for retirement as provided for in this Code section, the benefits shall be paid in accord ance with the option so elected."
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 July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Andereon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash YChannell Y Cbilders Y Clark YCoan
Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDiion 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 YHenson Y Holland
Holmes Y Houston Y 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 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 YO'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
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 SherriU 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
Snow
YStalUngs Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus YTolbert YTrense
Turnquest YTwiggs
Y Walker, L Y Walker, R.L Y Watson YWest
Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

MONDAY, FEBRUARY 2, 1998

245

On the passage of the Bill, by substitute, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.
By unanimous consent, HB 338 was ordered immediately transmitted to the Senate.
HB 571. By Representative Lee of the 94th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, 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.

The following Committee substitute was read and adopted:
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; to change provisions relating to the investment powers of the board of trustees of such retirement fund; 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 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking the word "and" at the end of paragraph (7) of subsection (a) of Code Section 47-14-22, relating to powers and duties of the board; by striking the symbol "." at the end of paragraph (8) of said subsec tion and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of said subsection the following:
"(9)(A) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons retiring under this chapter. Such method shall be based upon:
(i) The recommendation of the actuary of the board of trustees; (ii) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (iii) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (B) No increase granted pursuant to subparagraph (A) of this paragraph shall exceed 3 percent of the maximum monthly retirement benefit then in effect. There after, such increases may become effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 Vi percent of the maximum monthly retirement benefit then in effect. (C) No increase pursuant to subparagraph (A) of this paragraph shall become effec tive within six months of the effective date of any increase in the maximum retire ment benefit granted by the General Assembly pursuant to Code Section 47-14-70."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-14-23, relating to a special account for funds and the investment powers of the board of trustees, which reads as follows:

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JOURNAL OF THE HOUSE,

"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their invest ments. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securi ties and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund.", and inserting in lieu thereof the following: "(b) The board of trustees shall have full power to invest and reinvest the assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any invest ments, and any money belonging to the fund; provided, however, that:
(1) Such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada; and (2) The board of trustees shall not invest more than 50 percent of fund assets in equi ties."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-14-40, relating to application for membership in the retirement fund, and inserting in lieu thereof the following:
"(a) Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon Wanks forms to be furnished for that purpose by the board, giving such information as may be required by the board. He or she shall pay a monthly stHB $50.00 per month into
derit ef $3&90 per month, whichever is the smaller sum. In computing the abeve per-
CCIlUl) MIC C10FK 311All DC ftlzOWGu TO dCQUCt fifty 9UD9S WlUCfl fte flrtt9r CXpCRu IOF trie
operation ef- this effiee so that said- & percent shaft be based- en his- net- income- frem- saidoffice. All clerks who made application and are accepted for membership in the fund shall furnish the beard under eath with a statement ef their monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due hcrcundcr under this subsection. Ne payments shall be made te the beard- earlier-
to me coHWAiy ziotwiwistfiiiuiR'f Any cleric receivm os Rer income fop nis1 services cne* sam ef $8,640.00 er mere per annum shall; in order te participate in the bcncfita pro vided in this chapter, pay into the ftnd a total amount ef net less than $432.00 for eaeh
te (fffi^^^uj^^^jt.vOnfj\j Kncn anViintnilxl rj-iJmCiry twVlifc> sQuiixmu nr>cnvr~cn8nsnnr>rnyr T+On nmxtaxlmm? IuIT^->j +uVi>cn ur\ iufficPTrcPnii<u~cn or>nwi onrr Vu>wnfiruiir*fci tI/lHinC
twentieth day ef January ef the following year? provided, however, that, any ether previsions et tnis C<odc section te tne contrary notwitnotondingy any clerk receiving as net income frem hia services a stim less than $8,640.00 per annum shall, in order te participQtc IB tu6 Dciieiits proviuCu tR tiii9 cfiAptei^ pfly into tfte tund & totftr Amount Or ftot 1C33 molt o peFCont OT tH6 sum wtiicfi 110 receives tor eAn yeArv it tfte" SXIIB p&iu ift oy seh eterfc through monthly remittances dees net amount te stteb & percent, he- shall- pay the sttm necessary te make tin the difference en er before the twentieth day ef- January ef the following year?"
SECTION 4. Said chapter is further amended by striking in their entirety subsections (a), (d), and (e) of Code Section 47-14-70, relating to eligibility for retirement benefits under such retire ment fund and related matters, and inserting in lieu thereof, respectively, the following:

MONDAY, FEBRUARY 2, 1998

247

"(a) A member with at least 20 years of service shall receive retirement benefits of $1,600.00 $1.700.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continu ously as a clerk for the four years immediately preceding the member's retirement. Sub ject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years hi which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50." "(d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $1,200.00 $1.360.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the mem ber must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retire ment benefits. (e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $000.00 $1,020.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the mem ber must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retire ment benefits."
SECTION 5. Said chapter is further amended by striking Code Section 47-14-71, relating to eligibility for disability benefits, and inserting in lieu thereof the following:
"47-14-71.
Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if the member becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be enti tled to receive retirement benefits in the amount of $1,600.00 $1,700.00 per month. All questions relating to the degree and nature of the total and permanent disability suf fered by the clerk shall be determined by the board."
SECTION 6. Said chapter is further amended by striking Code Section 47-14-74, relating to application of certain increases in benefits to benefits paid to surviving spouses, and inserting in lieu thereof the following:
"47-14-74.
The increases in retirement benefits resulting from changes made in this chapter prior to January 1,1994 1998, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1004 1998 shall also be used in the computa tion of any retirement benefits allowed a surviving spouse of a deceased clerk pursuant to the terms of this chapter."
SECTION 7. Said chapter is further amended by striking Code Section 47-14-75, relating to eligibility for certain benefit increases, and inserting in lieu thereof the following:
"47-14-75.
Any other provisions of this chapter to the contrary notwithstanding, each member who retired prior to July 1, 1004 1998, and all members who have ceased their service as

248

JOURNAL OF THE HOUSE,

clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on July 1, 4994 1998. This Code section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on June 30, 1004 1998. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to retired members and spouses of deceased members, effective on July 1, 1004 1998."
SECTION 8. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Andersen YAshe Y Bailey 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 YBuckner YBunn Y Burkhalter YByrd
Y Campbell Canty
YCash YChannell Y Childen 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 DaTM, M YDay YDeLoach, B
Y DeLoach, G YDut YDizon
YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden Y Graves Y Greene
Grindley
Y Hammontree Y Manner
Y Harbin Y Heard YHecht
Hecks tall Y Hegstrom YHenson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
James Y Jamieson Y Jenkins
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 YMcBee YMcCall Y McClinton
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
Powell YPurceU 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 YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus
Y Tolbert YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson
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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Pelote of the 149th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 2, 1998

249

By unanimous consent, HB 464, HB 1081 and HB 571 were ordered immediately transmitted to the Senate.

HR 813. By Representatives Barnes of the 33rd and Murphy of the 18th:
A resolution honoring Honorable George T. Smith and designating a portion of Georgia Highways 112 and 93 as the "George T. Smith Highway".

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

Alien Y Andenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channell YChildere
Clark YCoan Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford
Y Crews

Y Culbreth Y CununinKS Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDiion YDobbs
Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd YFranklin Y Golden
Y Graves YGreene
Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht
Hecks tall YHegstrom YHenson Y Holland Y Holmes Y Houston Y 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 Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandall
Ray 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 YSherrffl 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
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
West Y Westmorland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
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 1222.

By Representatives Martin of the 47th, Murphy of the 18th, Irvin of the 45th, Teper of the 61st, Davis of the 48th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to regulation and construction of hospitals and other health care facilities, so as to change an exception to provisions for payments for medical education to certain hospital authorities and designated teaching hospitals.

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

250

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien Y Andersen YAshe Y Bailey 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
N Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash YChannell Y Childers N Clark NCoan Y Coleman, B Y Coleman, T YConnell Y Cooper YCrawford Y Crews

Y Culbreth Y Cunuoinffs Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDii YDizon YDobbs Y Dukes YEhrhart
YEpps Y Evans
Y Everett Y Felton NFloyd N Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree
Hanner Y Harbin Y Heard YHecht
Heckstall Y Hegstrom YHenson N Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson
NJenkins Y Johnson Y Johnston Y Jones N Joyce
Kaye
YLadd NLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox NMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee NMcCall Y McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal
Orrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter N Powell YPurcell
YRagas Randall
NRay
Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers N Royal N Sanders Y Sauder Y Scarlett
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 N Smith, V YSmyre YSnelUng YSnow
YStallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P
Y Stephens Y Taylor
Teague YTeper Y Thomas YTilhnan Y Titus NTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
N Westmoreland YWhitaker Y Wiles Y Williams, B N Williams, J
Y Williams, R Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, the ayes were 146, nays 22. The Bill, having received the requisite constitutional majority, was

HB 1307.

By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st and Ragas of the 64th:
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 change the provisions relating to reporting of persons hired or returning to work.

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

Alien Y Andersen YAshe Y Bailey Y Bannister
YBarfoot Y Barnard
YBarnes Y Bates Y Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove N Bridges

Y Brooks Y Brown YBuck Y Buckner
YBunn N Burkhalter YByrd Y Campbell
Canty YCash YChannell Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T

Y Cornell Y Cooper Y Crawford
Y Crews Y Culbreth Y Gummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDixon 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 Y Hanner Y Harbin Y Heard YHecht
Heckstall

Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin N Jackson Y James Y Jamieson Y Jenkins Y Johnson

MONDAY, FEBRUARY 2, 1998

251

N Johnston
Y Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox
Y Mann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClintoo

McKinney Y Mills Y Mobley YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Y Porter YPowell YPurcell YRagas

YRandaU 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 YSherrill 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 YSnefflng YSnow N Shillings Y Stancil, F Y Stancil, S
Stanley, L
Y Stanley, P Y Stephens Y Taylor YTeague
YTeper

Y Thomas Tilhnan
Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 8. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HB 1169.

By Representative Murphy of the 18th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to use of safety belts in passenger vehicles, so as to prohibit taxing costs of prosecution and assessing any other penalties, fees, or surcharges in addition to a fine against a person convicted of the offense of failure to wear a seat safety belt.

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

Y Alien Y Andersen
Y Ashe Y Bailey Y 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
YByid Y Campbell
Canty YCash Y Channel!
YChilders Y Clark
Coan

Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews Y Culbreth Y CummiiufS Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix YDixon
YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner

Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom Y Henson Y Holland
Y Holmes Y Houston 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 Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter
Y PoweU 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 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

252

JOURNAL OF THE HOUSE,

YSnow YStallings Y Stencil, F
Y Stencil, S Y Stanley, L Y Stanley, P

Y Stephens Y Taylor YTeague NTeper
Y Thomas YTUlman

Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L

Y Walker, R.L Y Watson
YWest Y Westmorland Y Whitaker Y Wiles

Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates Y Murphy, Spkr

On the passage of the Bill, the ayes were 172, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1209. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to the detention or embargo of adulterated or misbranded food.

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

N Alien
N Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
YBirdsong YBohannon
Y Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn N Burkhalter YByrd Y Campbell Y Canty YCash YChannell N Childers Y Clark NCoan
Y Coleman, B Y Coleman, T
Connell Y Cooper
Y Cravrford Y Crews

Y Culbreth Y Cummings
Y Davis, G N Davis, M
Day Y DeLoach, B Y DeLoach, G YDiz YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Y Everett Y Felton Y Floyd N Franklin Y 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 Houston
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 Kaye
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 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 N 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 YStallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest N Westmorland 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, the ayes were 158, nays 14. The Bill, having received the requisite constitutional majority, was passed.

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

MONDAY, FEBRUARY 2, 1998

253

HB 1212.

By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Anno tated, known as the "Structural Pest Control Act," so as to change the provi sions relating to the membership of the State Structural Pest Control Commission.

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

Y Alien YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridged Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd YCampbeU Y Canty YCash Y Channel! Y Childen Y Clark YCoan YColeman, 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 YDix YDizon YDobbs Y Dukes
Ehrhart YEpps Y Evans Y Everett Y Felton
Floyd Franklin Y Golden
Y Graves YGreene Y Grindley Y Hanunontree YHanner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland
Hohnes Y Houston 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 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 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 YScheid Y Scott
ffVianahan
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 YSnelling YSnow Y Stallings Y Stancil, P Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson 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, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was

The Speaker assumed the Chair.

HB 1211.

By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th:
A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Anno tated, relating to dealers in agricultural products, so as to change the provi sions relating to breach of the conditions of the bond of a dealer in agricultural products and the provisions relating to breach of the conditions of the bond of a grain dealer.

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

254

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien YAndenon
YAahe Y Bailey YBannister
YBarfoot Y Barnard YBaraee YBatM YBenefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter
YByrd Y Campbell
Y Canty YCash YChannell
YChilden Y Clark YCoan YColeman, B
YColeman, T YConnell
Y Cooper Y Crawfbrd Y Crews

YCulbreth Y CummiiiKS Y Davis, G Y Davis, M
Day YDeLoach, B
YDeLoach, G YDiz YDizon
YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin
Y Golden Y Graves YGreene
Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly
YLane YLee Y Lewis
YLord Y Lucas Y Maddoz YMann Y Manning Y Martin, J
Y Martin, J.L YMassey
YMcBee YMcCaU Y McClinton YMcKinney Y Mills
Y Mobley Y Mosley YMueller YO'Neal YOrrock
YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurceU YRagas
Randall YRay Y Reaves Y Reichert YRice
Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw YSherrill
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 YStaUings Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephens
Taylor YTeague YTeper Y Thomas YTUlman Y Titus
Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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.

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

SB 410. By Senators Walker of the 22nd, Middleton of the 50th, Thomas of the 10th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children, so as to create the "Children's Health Insurance Act"; to provide for the establishment of a chil dren's health insurance program; to provide for administration; to provide for duties of the State Personnel Board and the State Merit System of Personnel Administration; to authorize the adoption of rules and regulations.

The following Resolutions of the House were read and adopted:

HR 944. By Representatives Smith of the 169th, Dixon of the 168th, Coleman of the 142nd, Byrd of the 170th and Sims of the 167th:
A resolution commending Mr. J. C. "Carl" Jones.

HR 945. By Representatives Byrd of the 170th and Coleman of the 142nd: A resolution recognizing and commending Honorable J. D. Williams.

MONDAY, FEBRUARY 2, 1998

255

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1343 Do Pass HB 1460 Do Pass

HR 842 Do Pass HR 856 Do Pass

Respectfully submitted, /a/ Reaves of the 178th
Chairman

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1166 Do Pass HB 1167 Do Pass, by Substitute HR 732 Do Pass, by Substitute
Respectfully submitted, M Coleman of the 142nd
Chairman

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 has instructed me to report the same back to the House with the follow ing recommendations:
HB 1349 Do Pass HB 1354 Do Pass
Respectfully submitted, /s/ Parrish of the 144th
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 fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1325 Do Pass

256

JOURNAL OF THE HOUSE,

Respectfully submitted, /a/ Birdsong of the 123rd
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 rec ommendations:
HB 1226 Do Pass, by Substitute HB 1228 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 88 Do Pass, by Substitute HB 1096 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 809 Do Pass HR 853 Do Pass HR 941 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.

TUESDAY, FEBRUARY 3, 1998

257

Representative Hall, Atlanta, Georgia Tuesday, February 3, 1998

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 Anderaon Ashe EBarfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Bridges Brooks Brown
Buck Bunn
Byrd Campbell Canty Cash ChUdere Clark Coan Coleman, B Coleman T Connell

Crawford Culbreth
Davia, M DeLoach, B DeLoach, G Diion Dobbs Dukes Kpp Everett Felton Floyd Franklin Golden Greene Grindley Hammontree Harbin Heard Hecht Henson Holland Houston Howard Hudgens

Hudson, H Hudson, N Hugley James Jamieson Johnston Kaye Ladd Lakly Lane Lee Lewis Lord
Mann
Manning
Martin, J
Martin, J.L
McBee
McCall McKinney
Mills
Mosley
MueUer
O'Neal
Parham

Parrish Parsons Pelote Pinholster Poag Ponder Powell Purcell Ragas Ray Reaves Reichert Richardson
Rogers
Royal
Sauder
Scott
Shanahan
Shaw
SherriU
Shipp
Sims
Smith, C
Smith, C.W
Smith, L.R

Smith, P Smith, T Smith, V Snelling Stallings Stancil,F Stancil, S Stanley, L Stanley, P Stephens Teper Thomas Tillman
Titus
Tolbert Walker, L
Walker, R.L
Watson
West
Westmorland
Wiles
Williams, B
Williams, R
Worthan
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lucas of the 124th, Bailey of the 93rd, Davis of the 48th, Johnson of the 84th, Bordeaux of the 151st, Perry of the llth, Breedlove of the 85th, Channell of the lllth, Cooper of the 31st, Trense of the 44th, Irvin of the 45th, Whitaker of the 7th, HeckstaU of the 55th, Smith of the 109th, Snow of the 2nd, Scheid of the 17th, Massey of the 86th, Jenkins of the 110th, Hanner of the 159th, Scarlett of the 174th, Joyce of the 1st, Burkhalter of the 41st, Evans of the 28th, Crews of the 78th, Jones of the 71st, Graves of the 125th, Mobley of the 69th, Yates of the 106th, Teague of the 58th, Porter of the 143rd, Taylor of the 134th, Roberts of the 162nd, McClinton of the 68th, Sanders of the 107th, Williams of the 83rd, Buckner of the 95th, Twiggs of the 8th, Skipper of the 137th, Rice of the 79th, Hegstrom of the 66th and Ehrhart of the 36th.
They wish to be recorded as present.

Prayer was offered by Dr. W. Ches Smith, III, Pastor Emeritus, First Baptist Church, Tifton, 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.

258

JOURNAL OF THE HOUSE,

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

By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and reft;red to the committees:

HB 1491. By Representatives Cummings of the 27th and Childers of the 13th:
A bill to amend Code Section 43-11-2 of the Official Code of Georgia Anno tated, relating to the creation and composition of the Georgia Board of Den tistry, so as to provide that the dental hygienist who is a member of such board shall be a resident of Georgia and shall be a practicing dental hygienist in this state.
Referred to the Committee on Health & Ecology.

HB 1492. By Representatives Pelote of the 149th, Heard of the 89th, Epps of the 131st, Maddox of the 72nd, Teague of the 58th and others:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses of instruction, so as to provide a short title; to provide that all elementary and secondary schools shall provide instruction in black history.
Referred to the Committee on Education.

HB 1493. By Representative Campbell of the 42nd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable, so as to provide that any mis demeanor involving physical injury or attempted physical injury or any felony when the accused is a parolee or probationer shall be bailable only before a judge of superior court.
Referred to the Committee on Special Judiciary.

HB 1494. By Representatives Pinholster of the 15th and Stencil of the 16th:
A bill to amend Code Section 40-2-21 of the Official Code of Georgia Anno tated, relating to motor vehicle registration periods, so as to change certain time periods with respect to registration.
Referred to the Committee on Motor Vehicles.

TUESDAY, FEBRUARY 3, 1998

259

HB 1495. By Representative Barnes of the 33rd:
A bill to amend Code Section 43-39-13 of the Official Code of Georgia Anno tated, relating to denial, revocation, or suspension of licenses to practice psy chology, so as to change the provisions relating to investigations and the practices and procedures connected therewith; to provide for notices and records.
Referred to the Committee on Health & Ecology.

HB 1496. By Representatives Harbin of the 113th, Shipp of the 38th and Parsons of the 40th:
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 impose the requirement that in order to be licensed or to have a license renewed, an out-of-state mortgage broker must have a physical presence in Georgia if its home state so requires.
Referred to the Committee on Banks & Banking.

HB 1497. By Representative Harbin of the 113th:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Anno tated, relating to agency, so as to provide that leasing agents shall automati cally be agents for service of process for the lessors and suppliers of such leased products.
Referred to the Committee on Judiciary.

HB 1498. By Representatives Hudgens of the 24th, Heard of the 89th and McBee of the 88th:
A bill providing for the compensation for the coroner of Clarke County, so as to change the provisions relating to the coroner's salary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1499. By Representative Barnes of the 33rd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to when public disclosure of public records is not required, so as to provide that certain records which would reveal certain information concerning law enforcement officers, members of their families, or their dependents shall not be subject to disclosure.
Referred to the Committee on Judiciary.

HB 1500. By Representatives West of the 101st, Stallings of the 100th, Childers of the 13th and Orrock of the 56th:
A bill to amend Code Section 20-2-1183 of the Official Code of Georgia Annotated, relating to the prohibition of pocket pagers or electronic commu nication devices in school, so as to permit the carrying of such devices with written permission of a parent.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

HB 1501. By Representatives Smith of the 103rd, Manning of the 32nd and Snow of the 2nd:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Anno tated, relating to contributions or expenditures other than through a candi date or committee and disclosure of extensions of credit, so as to repeal the exemption of political action committees from filing disclosure reports.
Referred to the Committee on Rules.

HB 1502. By Representatives DeLoach of the 172nd and Tillman of the 173rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain House districts.

February 2, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1502. This notice is made prior to or upon reading the bill the first time.
/a/ Buddy DeLoach Representative 172nd District
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1503. By Representative DeLoach of the 172nd:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Riceboro," so as to change the corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1504. By Representatives Cash of the 108th, Smith of the 109th and Crawford of the 129th:
A bill to amend Code Section 33-9-42 of the Official Code of Georgia Anno tated, relating to reductions in insurance premiums for certain motor vehicle liability and other coverage, so as to provide that such reductions shall be in addition to other reductions and discounts and to provide for certain disci plinary actions.
Referred to the Committee on Insurance.

HB 1505. By Representatives Harbin of the 113th and Burkhalter of the 41st:
A bill to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 relating to quality basic education and certificated professional personnel, so as to provide for legislative findings and declarations; to impose certain teaching requirements on school administrators beginning with the 1998-1999 school year.
Referred to the Committee on Education.

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261

HB 1506. By Representatives Harbin of the 113th, Perry of the llth, Burkhalter of the 41st and Sauder of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to require the publication of notice of the initiation by the Board of Par dons and Paroles of an investigation and examination of an offender for parole.
Referred to the Committee on State Institutions & Property.

HB 1507. By Representatives Irvin of the 45th, Felton of the 43rd, Trense of the 44th, Ashe of the 46th and Burkhalter of the 41st:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Anno tated, relating to use of proceeds from the local option sales and use tax, so as to authorize such use for services provided in certain special districts.
Referred to the Committee on Ways & Means.

HB 1508. By Representatives Mills of the 21st, Hammontree of the 4th, Wiles of the 34th, Crews of the 78th, Walker of the 87th and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit human cloning and provide penal ties therefor.
Referred to the Committee on Health & Ecology.

HB 1509. By Representatives Lane of the 146th, Dobbs of the 92nd, Channell of the lllth and Shaw of the 176th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide certain definitions; to pro vide that tax commissioners may be designated as agents for the registration of watercraft.
Referred to the Committee on Game, Fish & Parks.

HB 1510. By Representative Ashe of the 46th:
A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Anno tated, the "Georgia Development Impact Fee Act," so as to change the defi nition of "service area"; to establish procedures for the designation of the boundaries of service areas.
Referred to the Committee on State Planning & Community Affairs.

HB 1511. By Representatives Coleman of the 142nd, Holmes of the 53rd, Scott of the 165th, Walker of the 141st and Williams of the 114th:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions regarding public officers and employees, so as to provide that complaints or information from public employees directed to members of the General Assembly concerning fraud, waste, and abuse in or relating to any state programs or operations shall be confidential.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HB 1512. By Representatives Floyd of the 138th, Shaw of the 176th, Golden of the 177th, Hudson of the 156th, Powell of the 23rd and others:
A bill to amend Code Section 28-1-1 of the Official Code of Georgia Anno tated, relating to membership and appointment of the General Assembly, so as to provide for nonpartisan election of members of the General Assembly; to amend Chapter 5 of Title 36, relating to organization of county officials shall be elected in nonpartisan elections; to amend Chapter 2 of Title 21.
Referred to the Committee on Governmental Affairs.

HB 1513. By Representatives Sherrill of the 62nd, Buck of the 135th, Jamieson of the 22nd, Heard of the 89th and Polak of the 67th:
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 1514. By Representative Channell of the lllth:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to filing requirements with respect to homestead exemptions, so as to change certain provisions regarding filing deadlines.
Referred to the Committee on Ways & Means.

HB 1515. By Representative Felton of the 43rd:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to incorporation of municipal corporations, so as to change the time in which certain minimum distance requirements apply.
Referred to the Committee on State Planning & Community Affairs.

HB 1516. By Representatives Birdsong of the 123rd, Smith of the 175th, DeLoach of the 172nd, Stephens of the 150th, Crews of the 78th and others:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard.
Referred to the Committee on Defense & Veterans Affairs.

HR 942. By Representatives Tolbert of the 25th, Rogers of the 20th, Harbin of the 113th, Burkhalter of the 41st and Williams of the 114th:
A resolution proposing an amendment to the Constitution so as to authorize the counties to impose, levy, and collect a sales and use tax for educational purposes.
Referred to the Committee on Ways & Means.

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

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263

HB 1466 HB 1467 HB 1468 HB 1469 HB 1470 HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 HB 1482 HB 1483 HB 1484

HB 1485 HB 1486 HB 1487 HB 1488 HB 1489 HR 930 HR 931 HR 932 HR 933 HR 934 HR 935 HR 939 SB 290 SB 418 SB 421 SB 483 HB 1476 HB 1490

Pursuant to Rule 52, Representative Bordeaux of the 151st moved that the following Bill of the House be engrossed:

HB 1476.

By Representatives Bordeaux of the 151st and Stephens of the 150th:
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 charita ble organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances.

The motion prevailed.

Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed:

HB 1490.

By Representative Holland of the 157th:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to state symbols, so as to provide that the official state peanut monument shall be a certain peanut sculpture in Turner County.

The motion prevailed.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1242 Do Pass, by Substitute HR 843 Do Pass, as Amended
Respectfully submitted, /s/ Reaves of the 178th
Chairman

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JOURNAL OF THE HOUSE,

Representative Lane of the 146th 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 1444 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 801 Do Pass, by Substitute HB 1170 Do Pass HB 1392 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1457 Do Pass HB 1465 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 1457.

By Representative Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Cuthbert, so as to change the provisions relating to the election, qualifications, and terms of office of the mayor and aldermen.

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

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265

On the passage of the Bill, the ayes were 92, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HB 1465. By Representative Stancil of the 91st: A bill to reincorporate and provide a new charter for the City of Bostwick.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1374. By Representatives Ehrhart of the 36th, Franklin of the 39th, Kaye of the 37th, Shipp of the 38th, Parsons of the 40th and others:
A bill to amend an Act creating the Board of Commissioners of Cobb County, so as to provide that neither Cobb County nor its agents or officials 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 417. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the clerk of the State Court of Glynn County; to provide for the requirements and proce dures of the nonpartisan nomination and election; to provide for related mat ters; to provide for the authority for this Act; to provide for an effective date.

SB 501. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date.

SB 502. By Senator Cagle of the 49th:
A bill to provide for an alternative method of distribution of the net pro ceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, City of Gainesville Independent School District, and the City of Buford Independent School District.

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JOURNAL OF THE HOUSE,

SB 326. By Senator Perdue of the 18th:
A bill to amend Code Section 47-2-221 of the Official Code of Georgia Anno tated, relating to disability benefits payable to certain law enforcement offi cers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal.

SB 423. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Gillis of the 20th:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state department or agency affected.

SB 449. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Streat of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 42 >f the Official Code of Georgia Annotated, relating to general provisions applicable to pardons and paroles, so as to provide that the State Board of Pardons and Paroles is authorized to require as a condition of relief that offenders pay directly to providers a reasonable fee for approved services and programs; to provide an effective date.

SB 496. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to parks, historic areas, memorials, and recreation, so as to create the Land, Water, and Wildlife Heritage Fund; to provide for defini tions; to provide for the administration of the heritage fund; to provide for authorized expenditures from the heritage fund; to provide for the funding of the heritage fund by an increase in the real estate transfer tax.

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

SR 481. By Senator Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; to provide an effective date.

SR 488. By Senator Streat of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Coffee County, Georgia.

SR 489. By Senator Middleton of the 50th:
A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia, to Sidney W. Shortt and Sherry E. Shortt and the acceptance of certain real property owned by Sidney W. Shortt and Sherry E. Shortt in consideration therefor; to provide an effective date.

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267

SR 493. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.

SR 494. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.

SR 496. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real proper ties located in Baldwin County, Georgia.

SR 532. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Land, Water, and Wildlife Heritage Fund from which funds shall be disbursed for the pur pose of acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the fund; to provide for the submission of this amendment for ratifica tion or rejection.

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

SB 326. By Senator Perdue of the 18th:
A bill to amend Code Section 47-2-221 of the Official Code of Georgia Anno tated, relating to disability benefits payable to certain law enforcement offi cers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal.
Referred to the Committee on Public Safety.

SB 417. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the clerk of the State Court of Glynn County; to provide for the requirements and proce dures of the nonpartisan nomination and election; to provide for related mat ters; to provide for the authority for this Act; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 423. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and others:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state department or agency affected.
Referred to the Committee on State Planning & Community Affairs.

268

JOURNAL OF THE HOUSE,

SB 449. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and others:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to pardons and paroles, so as to provide that the State Board of Pardons and Paroles is authorized to require as a condition of relief that offenders pay directly to providers a reasonable fee for approved services and programs; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 496. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to parks, historic areas, memorials, and recreation, so as to create the Land, Water, and Wildlife Heritage Fund; to provide for defini tions; to provide for the administration of the heritage fund; to provide for authorized expenditures from the heritage fund; to provide for the funding of the heritage fund by an increase in the real estate transfer tax.
Referred to the Committee on Ways & Means.

SB 501. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 502. By Senator Cagle of the 49th:
A bill to provide for an alternative method of distribution of the net pro ceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, City of Gainesville Independent School District, and the City of Buford Independent School District.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 481. By Senator Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 488. By Senator Streat of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Coffee County, Georgia.
Referred to the Committee on State Institutions & Property.

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269

SR 489. By Senator Middleton of the SOth:
A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia, to Sidney W. Shortt and Sherry E. Shortt and the acceptance of certain real property owned by Sidney W. Shortt and Sherry E. Shortt in consideration therefor; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 493. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.
Referred to the Committee on State Institutions & Property.

SR 494. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.
Referred to the Committee on State Institutions & Property.

SR 496. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real proper ties located in Baldwin County, Georgia.
Referred to the Committee on State Institutions & Property.

SR 532. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Land, Water, and Wildlife Heritage Fund from which funds shall be disbursed for the pur pose of acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the fund; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to the Committee on Ways & Means.

Representative Davis of the 48th arose to a point of personal privilege and addressed the House.

Representative Birdsong of the 123rd 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 Mueller of the 152nd 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.

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JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Industry and referred to the Committee on Banks and Banking:

HB 1415.

By Representative Rogers of the 20th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to declare unlawful the failure of a creditor in a consumer credit transac tion to disclose to the purchaser the terms of the legal obligation between the parties.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs - Local and referred to the Committee on Judiciary:

SB 483. By Senator Broun of the 46th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, as amended, so as to change the supplementary compensation for the judges of the superior courts of the Western Judicial Circuit by the governing authority of the Unified Government of Athens-Clarke County and the governing authority of Oconee County.

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

HR 809. By Representatives Sauder of the 29th, Bradford of the 30th, Grindley of the 35th, Shipp of the 38th, Cooper of the 31st and others:
A resolution recognizing and commending the City of Smyrna and inviting officials of the city to the House of Representatives.

HR 853. By Representatives Walker of the 87th, Twiggs of the 8th and Johnson of the 84th:
A resolution commending Walton County Deputy Sheriff Henry "Bo" Huff and inviting him to appear before the House of Representatives.

HR 941. By Representatives Smith of the 102nd and Epps of the 131st:
A resolution commending the Manchester High School football team and inviting the team and its coaches to appear before the House of Representa tives.

The following Resolutions of the House were read and adopted:

HR 946. By Representative Twiggs of the 8th:
A resolution commending the firefighters of Georgia and observing the 26th annual Firefighters' Recognition Day.

HR 950. By Representatives Bradford of the 30th, Sauder of the 29th, Parsons of the 40th, Barnes of the 33rd, Grindley of the 35th and others:
A resolution recognizing and honoring Marjorie Barnhart Bradford on the occasion of her eightieth birthday.

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271

HR 961. By Representative Barnard of the 154th:
A resolution commending the Pinewood Christian Academy Patriots football team.

HR 962. By Representatives Byrd of the 170th and Dobbs of the 92nd: A resolution commending Matthew Dougherty on becoming an Eagle Scout.

HR 963. By Representatives Sims of the 167th, Smith of the 169th, Hudson of the 156th, Shaw of the 176th, Walker of the 141st and others:
A resolution recognizing and commending certain City of Douglas retirees.

HR 964. By Representative Byrd of the 170th: A resolution recognizing and commending Ryan Hybl.

HR 965. By Representative Jamieson of the 22nd:
A resolution commending and congratulating the CREEK Kids of Stephens County Middle School.

HR 966. By Representative Cash of the 108th: A resolution commending William H. Shearer, Jr.

HR 967. By Representative Holland of the 157th:
A resolution congratulating Mrs. Mary Etta Arkansas Gunn Salter on the event of her 100th birthday.

HR 968. By Representative Purcell of the 147th: A resolution commending Mr. Greg Torrescano.

HR 969. By Representatives Hecht of the 97th, Hudson of the 156th, Benefield of the 96th, Bailey of the 93rd, Lee of the 94th and others:
A resolution commending Jake Dukes.

HR 970. By Representative Smith of the 103rd: A resolution honoring Mr. Willie Almond.

HR 971. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th:
A resolution commending Lauren Stripling.

HR 972. By Representative Channell of the lllth: A resolution commending and congratulating Keith Hollis.

HR 973. By Representative Mosley of the 171st:
A resolution commending members of the Jesup Police Force and the Wayne County Sheriffs Department.

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JOURNAL OF THE HOUSE,

HR 974. By Representative Pinholster of the 15th: A resolution recognizing and commending Patrick Thomas Malone, M.D.

HR 975. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Faye Bennett Graham.

HR 976. By Representatives Mosley of the 171st and Smith of the 169th: A resolution commending Susan W. Strickland.

HR 977. By Representatives Porter of the 143rd, Murphy of the 18th, Taylor of the 134th, O'Neal of the 75th, Sherrill of the 62nd and others:
A resolution honoring the memory of teachers who have died as a tragic result of violence in schools.

HR 978. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd, Smith of the 175th and others:
A resolution commending Gary Ashley.

HR 979. By Representatives Smith of the 102nd, Yates of the 106th, Sanders of the 107th, Walker of the 87th and Everett of the 163rd:
A resolution recognizing and commending Honorable Jim Edgar.

HR 980. By Representatives Buckner of the 95th, Manning of the 32nd, Davis of the 48th, Smith of the 103rd, Orrock of the 56th and others:
A resolution commending Glamour magazine and Hanes Hosiery for sponsor ing the "Hand in Hand" program to prevent and detect breast cancer.

HR 981. By Representatives Coleman of the 142nd, Dixon of the 168th, Walker of the 141st, Lee of the 94th, Hudson of the 156th and others:
A resolution recognizing and commending Mr. Jackie Holder.

HR 982. By Representatives Shaw of the 176th and Golden of the 177th: A resolution commending Rhett Akins.

HR 983. By Representatives Greene of the 158th, Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, James of the 140th and others:
A resolution expressing regret at the passing of Frank Ramsey Pidcock III.

HR 984. By Representatives Irvin of the 45th, Connell of the 115th, Campbell of the 42nd, Stancil of the 91st, Williams of the 63rd and others:
A resolution commending Dr. Leila Denmark.

HR 985. By Representative Yates of the 106th: A resolution commending Mr. and Mrs. Henry Boggs.

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273

HR 986. By Representative Coan of the 82nd: A resolution commending Tyler Gaines.

HR 987. By Representatives Royal of the 164th, Buck of the 135th, Channell of the lllth, Polak of the 67th and Jenkins of the 110th:
A resolution expressing regret at the passing of Al Ciraldo.

HR 988. By Representative Pelote of the 149th: A resolution recognizing and commending Van R. Johnson II.

HR 989. By Representatives Pelote of the 149th and Mobley of the 69th: A resolution commending Leola "Queen" Demark.

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

HR 947. By Representatives Channell of the lllth, McBee of the 88th, Heard of the 89th, Walker of the 141st and Murphy of the 18th:
A resolution recognizing Coach Jim Donnan and inviting him to appear before the House of Representatives.

HR 948. By Representatives Teague of the 58th, McKinney of the 51st, Maddox of the 72nd, Brooks of the 54th and Watson of the 70th:
A resolution recognizing the African American entrepreneurs and proclaiming February 12, 1998, as "African American Business Enterprise Day" and invit ing the Georgia Summit of African-American Business Organizations to appear before the House of Representatives.

HR 949. By Representatives Teague of the 58th, McKinney of the 51st, Maddox of the 72nd, Brooks of the 54th and Watson of the 70th:
A resolution commemorating the establishment of the Town of Cannonville in Troup County, Georgia, and inviting William S. Cannon VI to appear before the House of Representatives.

HR 951. By Representative Lewis of the 14th:
A resolution commending Dr. Lance D. Barry and inviting him to appear before the House of Representatives.

HR 952. By Representative Shaw of the 176th:
A resolution commending Rhett Akins and inviting him to appear before the House of Representatives.

HR 959. By Representatives Sims of the 167th, Smith of the 169th, Byrd of the 170th, Mosley of the 171st, Childers of the 13th and others:
A resolution recognizing and commending Judy Thompson and Veronica Crockett and inviting them to appear before the House of Representatives.

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JOURNAL OF THE HOUSE,

HR 960. By Representatives Sims of the 167th, Smith of the 169th, Hudson of the 156th, Shaw of the 176th, Walker of the 141st and others:
A resolution commending the South Georgia College women's softball team and inviting the team and their coaches to appear before the House of Rep resentatives.

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 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 Anno tated, 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.

The following Committee substitute was read and adopted:

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; to provide for an initial benefit increase; to provide conditions for the amendment of a certain Act; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System and related matters, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. A Any member retir ing on or after July 1, 1996, and any member who was retired on July 1 1996, with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the state salary paid to superior court judges at the time of retirement; provided, however, that no member shall receive more than 24 years of creditable service. A Any member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-9-71. Any member who was retired on July 1^ 1996, with more than 16 years of cred itable service shall receive m July, 1998, a one time benefit payment equal to two times the product of one percent of the salary paid to such judge at the time of his or her retirement multiplied b^ the number of years of creditable service in excess of 16 years."
SECTION 2. If that legislation creating the Georgia Judicial Retirement System, designated as 1997 House Bill 751, is enacted and becomes law, this Act shall amend Code Section 47-23-121 of the Official Code of Georgia Annotated created by such Act.

TUESDAY, FEBRUARY 3, 1998

275

SECTION 3. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Anderaon YAshe
Bailey Bannister
EBartoot Y Barnard YBarnes Y Bates Y Benefield
YBirdsong Y Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter
YByrd Y Campbell
Canty YCash Y Channel!
YChilders 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 YDeLoach, B YDeLoach, G YDii YDixon YDobbs Y Dukes
YEpps Y Evans
Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstaU
Hegstrom YHenson Y Holland Y Holmes Y Houston 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 YMaddoi YMann Y M&nnuig
Martin, J Y Martin, J.L YMassey YMcBee
YMcCall Y McClinton
McKinney Y Mills Y Mobley
Moeley Mueller YO'Neal YOrrock YParham

YParrish Y Parsons
YPelote 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 YScheid 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 YSmyre Y Smiling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas
Tillman Y Titus Y Tolbert
YTrense Turnquest
YTwiggs Walker, L
Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

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

HR 741. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution designating a portion of Georgia Highway 23 in Wayne County as the "Reddish-Warren Bypass".

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

276

JOURNAL OF THE HOUSE,

Y Alien
YAndenon YAshe Y Bailey
Bannister E Barfcot
Y Barnard YBarnes Y Bates Y Benefield
Birdsong YBohannon
Bordeaux Y Bradford YBnedlove
Y Bridges Y Brooks Y Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd
Y CampbeU Y Canty YCash YChannell YChUders Y Clark YCoan YColeman, B Y Coleman, T YConnell Y Cooper YCrawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart
YEpps Evans
YEverett Y Felton YFloyd
Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson YHoUand Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Hugley
Ylrvin
Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce
Kaye 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
McKinney Y Mills
Y Mobley YMosley
MueUer Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell
Purcell
YRagas YRandall YRay Y Reaves
Y Reichert YBice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan
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 Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P
Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan YYates
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 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 Anno tated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and posses sion of alcoholic beverages by, a person under 21 years of age, so as to pro vide 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.

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 Bannister EBarfoot Y Barnard YBarnes Y 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 CampbeU Y Canty 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
NDay Y DeLoach, B

Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart
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 Hegstrom
YHenson Y Holland
Y Holmes Y Houston Y Howard

TUESDAY, FEBRUARY 3, 1998

277

YHudgens Y Hudson, H
Y Hudson, N YHugley Ylrvin Y Jackson
Y James YJamieson YJenkins
Johnson Y Johnston
Y Jones N Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi

YMann Y Manning Y Martin, J Y Martin, J.L YMaasey 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 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
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
YStaUings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor

YTeague YTeper Y Thomas YTuhnan Y Titus
Tolbert YTrense Y Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Tolbert of the 25th 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 1315. By Representatives Purcell of the 147th, DeLoach of the 172nd, Lane of the 146th, Hanner of the 159th, Mosley of the 171st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to provide for resident and nonresident commercial food shrimp cast netting licenses; to provide for the reporting of certain information relating to commercial fishing.

The following amendment was read and adopted:

The Committee on Game, Fish and Parks moves to amend HB 1315 by striking from line 23 of page 3 the following:
"27-4-180,",
and inserting in lieu thereof the following: "27-4-205.".
By striking in its entirety line 26 of page 12, which reads as follows: '"Part 4",
and inserting in lieu thereof the following: '"Part 5".
By striking in its entirety line 27 of page 12, which reads as follows: "27-4-180.",
and inserting in lieu thereof the following: "27-4-205."
By striking in its entirety line 37 of page 12, which reads as follows:

278

JOURNAL OF THE HOUSE,

"27-4-181.", and inserting in lieu thereof the following:
"27-4-206."

The following amendment was read: Representative Smith of the 175th moves to amend HB 1315 as follows: B"tyens"t.riking from lines 13 and 22, page 2, the word "eight" and substituting the word

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

N Alien NAndereon
NAahe N Bailey N Bannister EBarfoot Y Barnard NBarnes N Bates N Benefield NBirdsong N Bohannon N Bordeaux Y Bradford
Breedlove N Bridges
N Brooks N Brown NBuck
Buckner NBunn N Burkhalter NByrd N Campbell
N Canty NCash N Channel! N Childen N Clark YCoan N Coleman, B N Coleman, T NConneU
N Cooper Y Crawford
N Crews

N Culbreth
N Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G NDix NDiion NDobbs N Dukes YEhlhart NBpps Y Evans NEverett N Felton NFloyd Y Franklin N Golden N Graves NGreene N Grindley N Hammontree N Manner N Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H

N Hudson, N NHugley NIrvin N Jackson N James N Jamieson NJenUns N Johnson N Johnston N Jones N Joyce EKaye YLadd YLakly NLane
Lee N Lewis NLord N Lucas NMaddoi
NMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton
McKinney Y Mills Y Mobley
NMosley N Mueller NO-Neal NOrrock NParham

NParrish N Parsons N Pelote N Perry N PinhoUter
NPoag YPolak N Ponder N Porter N PoweU NPurcell NRagas
Randall
NRay N Reaves NReichert
YRice N Richardson N Roberts N Rogers N Royal
N Sanders N Sauder N Scarlett N Scheid N Scott Y Shanahan NShaw NSherriU
NShipp NSims N Sinkfield
N Skipper Y Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 19, nays 150. The amendment was lost.

N Smith, L.R N Smith, P Y Smith, T N Smith, V
Smyre NSneUing NSnow
Stallings YStancil,F N Stancil, S
Stanley, L
N Stanley, P N Stephens N Taylor
NTeague NTeper
N Thomas NTillman N Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L N Walker, R.L N Watson N West N Westmorland N Whitaker N Wiles N Williams, B
Y Williams, J N Williams, R N Worthan
NYates Murphy, Spkr

The following amendment was read:

Representative Smith of the 175th moves to amend HB 1315 by inserting at the end of line 6 of page 3 the following:
"It shall be permissible to affix duct tape, plastic tape, a plastic strip, or a similar mate rial around the opening of the cast net to facilitate the spread of the net."

The following amendment was read:

TUESDAY, FEBRUARY 3, 1998

279

Representative Joyce of the 1st moves to amend the Smith amendment to HB 1315 as fol lows:
Insert on line 7 between "net" and "to" the following:
"to a recreational bait shrimp cast net or a recreational food shrimp cast net".

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

N Alien N Anderson NAshe N Bailey Y Bannister EBarfoot Y Barnard NBarnes N Bates N Benefield NBirdaong N Bohannon N Bordeaux Y Bradford
Breedlove
N Bridges N Brooks N Brown
NBuck Buckner
YBunn Y Burkhalter NByrd Y Campbell
N Canty NCash NChannell N Childers Y Clark YCoan N Coleman, B N Coleman, T NConnell N Cooper N Crawford Y Crews

N Culbreth N Cununings N Davis, G Y Davis, M YDay NDeLoach, B N DeLoach, G NDix NDixon YDobbs N Dukes Y Ehrbart
NEpps Y Evans
N Everett N Felton N Floyd Y Franklin
N Golden N Graves NGreene Y Grindley Y Hammontree N Manner N Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes
N Houston 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 EKaye YLadd YLakly
NLane Lee
N Lewis NLord
N Lucas Y Maddox YMann N Manning N Martin, J N Martin, J.L
YMassey NMcBee NMcCall N McClinton
McKinney Y Mills Y Mobley NMosley N Mueller NO'Neal NOrrock NParham

NParrish N Parsons N Pelote N Perry
Pinholster NPoag NPolak N Ponder N Porter N Powell NPurcell
YRagas NRandaU NRay N Reaves N Reichert
YRice N Richardson
N Roberts N Rogers N Royal Y Sanders NSauder N Scarlett N Scheid N Scott N Sbanahan NShaw N Sherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 39, nays 132. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow NStaUings N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephens N Taylor NTeague NTeper N Thomas NTillman N Titus NTolbert NTrense N Turnquest YTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker YWUes N Williams, B Y Williams, J N Williams, R YWorthan Y Yates
Murphy, Spkr

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

N Alien N Anderson
NAshe N Bailey Y Bannister EBarfoot Y Barnard NBarnes N Bates N Benefield NBirdsong N Bohannon N Bordeaux Y Bradford
Breedlove
N Bridges N Brooks N Brown

NBuck Buckner
NBunn N Burkhalter YByrd N Campbell N Canty NCash NChannell N Childers N Clark YCoan
Coleman, B N Coleman, T N Connell
N Cooper Y Crawford
N Crews

N Culbreth N Cummings N Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G NDix YDixon NDobbs N Dukes YEhrhart
NEpps Y Evans N Everett N Felton N Floyd Y Franklin

N Golden N Graves NGreene N Grindley N Hammontree N Banner N Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Houston 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
EKaye YLadd YLakly NLane
Lee N Lewis NLord

280

JOURNAL OF THE HOUSE,

N Lucas Y Maddox NMann N Manning
N Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton
McKinney YMilk N Mobley YMoeley N Mueliei NO'Neal NOrrock N Parham

NParrish N Parsons N Pelote N Perry N Pinholster NPoag YPolak N Ponder N Porter N Powell NPurceU NRagas NRandall NKay N Reaves N Reichert YKice Y Richardson

N Roberts N Rogers N Royal N Sanders
N Sauder N Scarlett N Scheid N Scott Y Shanahan NShaw NSherrill NShipp NSims N Sinkfield
N Skipper Y Smith, C N Smith, C.W N Smith, L

N Smith, L.R N Smith, P Y Smith, T N Smith, V NSmyre NSnelling NSnow NStallings N Stancil. F N Stancil, S
Stanley, L
N Stanley, P N Stephens N Taylor NTeague NTeper N Thomas NTfflman

On the adoption of the amendment, the ayes were 23, nays 148. The amendment was lost.

N Titus N Toibert NTrense
N Turnquest YTwiggs N Walker, L N Walker, R.L
N Watson NWest 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 Smith of the 175th moves to amend HB 1315 by striking lines 23 and 24 of page 5 and inserting in lieu thereof the following:
"a combination of seine or such cast net in any calendar day; 34 ttevat period provided, however, that no person shall have on".
By striking line 30 of page 5 and inserting in lieu thereof the following:
"of shrimp tails in any calendar day 24 hew period regardless of the".

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 Bannister E Barfoot
Y Barnard NBarnes
N Bates N Benefield
Birdsong
N Bohannon N Bordeaux Y Bradford
Breedlove N Bridges N Brooks N Brown NBuck
Buckner NBunn N Burkhalter NByrd N Campbell N Canty NCash N Channel! N Childers N Clark YCoan
Coleman, B N Coleman, T N Connell

N Cooper Y Crawford
Y Crews N Culbreth N Cummings N Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G NDix NDixon NDobbs N Dukes YEhrhart NEpps Y Evans N Everett N Felton N Floyd Y Franklin N Golden N Graves N Greene N Grindley N Hanunontree N Manner N Harbin N Heard NHecht NHeckstall N Hegstrom N Henson

N Holland N Holmes N Houston 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 EKaye YLadd YLakly
NLane Lee
N Lewis
NLord N Lucas N Maddox NMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall

N McClinton McKinney
Y Mills Y Mobley N Mosley
N MueUer NO'Neal NOrrock N Parham NParrish
N Parsons N Pelote N Perry N Pinholster
NPoag YPolak
N Ponder N Porter N Powell NPurceU YRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett

N Scheid N Scott Y Shanahan NShaw N Sherrill NShipp YSims N 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 NSmyre
NSnelling NSnow NStallings N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephens N Taylor NTeague NTeper N Thomas NTUlman N Titus N Toibert NTrense

TUESDAY, FEBRUARY 3, 1998

281

N Turnquest NTwiggs N Walker, L

Y Walker, R.L N Watson NWest

N Westmoreland N Whitaker
N Wiles

N Williams, B Y Williams, J
N Williams, R

On the adoption of the amendment, the ayes were 24, nays 146. The amendment was lost.

N Worthan
NYates Murphy, Spkr

The following amendment was read and adopted:

Representatives Byrd of the 170th, Purcell of the 147th, DeLoach of the 172nd and Mosley of the 171st move to amend HB 1315 by striking lines 19 through 23 of page 5 and insert ing in lieu thereof the following:
"taking shrimp by means of a recreational food shrimp cast net or a commercial cast net may take or possess more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails taken by such cast net in any 24 hour period, and no one person taking shrimp by means of a seine, whether such person is acting alone or in a group of per sons, may possess more than 24 quarts of shrimp taken by such seine in any 24 hour".

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 Andersen YAshe Y Bailey N Bannister EBartoot N Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux N Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByid Y Campbell
Y Canty YCash Y Channel!
YChildere Y Clark NCoan
YColeman, B YColeman, T YConnell
Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y DaTM, G Y Davis, M
NDay Y DeLoach, B Y DeLoach, G YDii Y Diion
YDobbs Y Dukes YEhrhart YEpps Y Evans
YEverett Y Felton YFloyd N Franklin
Y Golden Y Graves YGreene Y Grtadley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeokstall Y Hejstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce EKaye NLadd NLakly YLane
Lee 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
YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry
Y Pinholster YPoag NPolak Y Ponder Y 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 Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield
Y Skipper N Smith, 0 Y Smith, C.W
Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson 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 161, nays 11.
The Bill, having received the requisite constitutional majority, was passed, amended.

282

JOURNAL OF THE HOUSE,

HR 844. By Representatives Scheid of the 17th, Holmes of the 53rd, Hudson of the 156th, Stencil of the 16th, Pinholster of the 15th and others:
A resolution designating the Vickie E. Bell 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 fel lows:

Y Alien Y Anderaon YAshe Y Bailey Y Bannister EBarfoot Y Barnard YBarnea Y Bates YBenefield YBirdsong YBohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Y Burkhalter YByrd Y Campbell Y Canty YCaah Y Channel! YChilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y CummingB Y DaTM, G Y Davit, M YDay YDeLoach, B YDeLoach, G YDiz YDizon 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 YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens 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 Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley
YMosfcy Y Mueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves Y Reicbert 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 YSnelling
YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B YWUliama, J Y Williams, R Y Worthan YYates Y Murphy, Spkr

On the adoption of the Resolution, the ayes were 175, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

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

SB 420. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and pro vide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appoint ment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission.

TUESDAY, FEBRUARY 3, 1998

283

The Senate has agreed to the House substitute as amended by the Senate to the following resolution of the Senate:

SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others:
A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform.

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1346 Do Pass HR 731 Do Pass SB 403 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

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 869 Do Pass HR 928 Do Pass HR 929 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 follow ing recommendations:

HB 1143 Do Pass, by Substitute HB 1145 Do Pass HB 1174 Do Pass, by Substitute HB 1175 Do Pass, by Substitute HB 1178 Do Pass, by Substitute

HB 1189 Do Pass HB 1324 Do Pass HB 1353 Do Pass HB 1424 Do Pass HB 1433 Do Pass

284

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

WEDNESDAY, FEBRUARY 4,1998

285

Representative Hall, Atlanta, Georgia Wednesday, February 4, 1998

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 Bohunion Bradford Bridges Brooks Brown Buck Bunn Burkhslter Byrd Campbell Cash Channell Childers Clark Coleman, B ConneU Cooper Crews
Davis,M

DeLoach, B DeLoach, G Dobbs Dukes Epps Evans Everett Felton Floyd Franklin Golden Graves Greene Hammontree Harbin Heard EHenson Holland Houston
Howard Hudgens Hudson, H Hudson, N
Hugley Irvin Jackson

Johnson Johnston Joyce Kaye Ladd Lakly Lane Lewis Lord Maddox Mann
Manning
Martin, J Martin, J.L Massey McBee McCall McClinton Mills Mosley Mueller O'Neal Orrock Parham Parsons Pelote Perry

Pinholster Poag Polak Ponder
PurceU Ray Reaves Rice Richardson
Roberts Rogers Royal Sanders
Sauder Scartett Scheid
Scott Shanahan Shaw Shipp Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, T

Smith, V Snelling Snow Stallings Stancil, S Stanley, P Stephens Taylor Teper Thomas Tillman Titus Tolbert Trense
Twiggs
Walker, L
Watson 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 Lee of the 94th, Stancil of the 91st, Canty of the 52nd, Davis of the 48th, Walker of the 87th, Heckstall of the 55th, Holmes of the 53rd, Culbreth of the 132nd, Smith of the 12th, Breedlove of the 85th, Alien of the 117th, Mobley of the 69th, Crawford of the 129th, Jamieson of the 22nd, Sherrill of the 62nd, Hecht of the 97th, Parrish of the 144th, Coleman of the 142nd, Jenkins of the 110th, Jones of the 71st, Reichert of the 126th, Sinkfield of the 57th, Lucas of the 124th, Dixon of the 168th, Turnquest of the 73rd, Dix of the 76th, Porter of the 143rd, Smyre of the 136th, McKinney of the 51st, Randall of the 127th and Ragas of the 64th.
They wish to be recorded as present.

Prayer was offered by the Reverend Jim Faircloth, Pastor, First Baptist Church, Ashburn, 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.

286

JOURNAL OF THE HOUSE,

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

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

HB 1517. By Representatives Bradford of the 30th, Campbell of the 42nd, Barnes of the 33rd, Dix of the 76th, Coleman of the 142nd and others:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to repeal a provision allowing removal from jury lists upon request by persons 70 or older; to provide that persons 65 or over shall be excused from jury duty once annually.
Referred to the Committee on Judiciary.

HB 1518. By Representative Tolbert of the 25th:
A bill to abolish the office of County Treasurer of Jackson County and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited, and disbursed.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1519. By Representatives Franklin of the 39th, Anderson of the 116th, Snelling of the 99th, Rogers of the 20th and Byrd of the 170th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide for instructional activity relating to the Presidents of the United States on President's Day each year.
Referred to the Committee on Education.

HB 1520. By Representatives Royal of the 164th, Buck of the 135th, Rogers of the 20th, Murphy of the 18th and Jamieson of the 22nd:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational pur poses, so as to provide for the enactment of a distribution formula by local Act
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 4,1998

287

HB 1521. By Representative Polak of the 67th:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Anno tated, relating to the place of return of motor vehicles and mobile homes for ad valorem tax purposes, so as to provide for the return of certain motor vehicles in the county in which functionally located.
Referred to the Committee on Ways & Means.
HB 1522. By Representatives Martin of the 47th, Alien of the 117th 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 intangible recording tax, so as to provide that, in all counties, the person responsible for the collection of the intangible recording tax and the performance of the other related duties shall be the clerk of the superior court.
Referred to the Committee on Ways & Means.
HB 1523. By Representatives Parham of the 122nd, Cummings of the 27th and Birdsong of the 123rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license p'-tes and special plates for certain persons and vehicles, so as to change certain provisions relating to license plates for veterans who survived the attack on Pearl Harbor.
Referred to the Committee on Motor Vehicles.

HB 1524. By Representatives Powell of the 23rd, Brown of the 130th, Channell of the lllth, Hudson of the 120th, Hudson of the 156th and others:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemptions from certificate of need requirements, so as to provide for an additional exemption for home health agency services pro vided through or on behalf of certain hospitals.
Referred to the Committee on Health & Ecology.
HB 1525. By Representative Barnard of the 154th:
A bill to provide a new charter for the City of Manassas.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1526. By Representatives Pinholster of the 15th, Royal of the 164th, Walker of the 141st, Campbell of the 42nd and Stancil of the 16th:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change certain provisions relating to destruction, removal, concealment, encum brance, or transfer of property subject to security interest.
Referred to the Committee on Judiciary.

HB 1527. By Representatives Stallings of the 100th and West of the 101st:
A bill to provide that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

288

JOURNAL OF THE HOUSE,

HB 1528. By Representatives Day of the 153rd, Stephens of the 150th, Trense of the 44th, Burkhalter of the 41st, Mueller of the 152nd and others:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for appointment of members of such boards by the grand jury.
Referred to the Committee on Ways & Means.

HB 1529. By Representative Teper of the 61st:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia Anno tated, relating to the proportion of votes cast required for nomination or election to public office, so as to delete provisions requiring a majority vote for election to certain state-wide elected offices; to thereby provide for the election of such officers by plurality vote in the same manner as other public officers.
Referred to the Committee on Governmental Affairs.

HB 1530. By Representatives Sherrill of the 62nd, Polak of the 67th and Benefield of the 96th:
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 to public secondary schools and local school systems to support driver education courses and programs for secondary school stu dents; 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.
Referred to the Committee on Appropriations.

HB 1531. By Representatives Richardson of the 26th and Cooper of the 31st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to probate, so as to enact the "Uniform Transfer on Death Security Registration Act".
Referred to the Committee on Judiciary.

HB 1532. By Representative Richardson of the 26th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife generally, so as to pro vide that persons with disabilities may obtain a crossbow permit for the taking of all game.
Referred to the Committee on Game, Fish & Parks.

HB 1533. By Representative Massey of the 86th:
A bill to amend an Act re-creating and establishing a Board of Commission ers of Barrow County, so as to provide for redistricting.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1534. By Representative Massey of the 86th:
A bill to amend an Act providing avuthority for members of the Board of Education of Barrow County, so as to pp rovide for redistricting.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 4, 1998

289

HB 1535. By Representatives Buck of the 135th, Crawford of the 129th, Royal of the 164th, Culbreth of the 132nd, Heard of the 89th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide additional conditions under which certain property shall not acquire a situs in this state for ad valorem tax pur poses; to provide that certain property ownership or conducting of business shall not constitute activities subject to state income tax.
Referred to the Committee on Ways & Means.

HB 1536. By Representatives Reichert of the 126th, Barnes of the 33rd, Crawford of the 129th and Tolbert of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide that the court shall grant joint custody where in the best interest of the child; to provide for findings of fact and conclu sions of law in certain circumstances.
Referred to the Committee on Judiciary.

HR 953. By Representative Coan of the 82nd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Gwinnett County.
Referred to the Committee on State Institutions & Property.

HR 954. By Representative Poag of the 6th: A resolution designating the "W. W. Fincher, Jr., Parkway".
Referred to the Committee on Transportation.

HR 955. By Representative Poag of the 6th:
A resolution designating a portion of Ga. 52 Alternate in Murray County as the "Gerald H. Leonard Parkway".
Referred to the Committee on Transportation.

HR 956. By Representative Shaw of the 176th: A resolution compensating Mr. Henry Elroy Griffis.
Referred to the Committee on Appropriations.

HR 957. By Representatives Mueller of the 152nd, Day of the 153rd, Irvin of the 45th and Tolbert of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize a decrease of the mill limitation for any school system.
Referred to the Committee on Ways & Means.

HR 958. By Representatives Dukes of the 161st, Roberts of the 162nd, Everett of the 163rd, Brooks of the 54th, Thomas of the 148th and others:
A resolution designating the Alice Hawthorne Centennial Olympic Park.
Referred to the Committee on State Institutions & Property.

290

JOURNAL OF THE HOUSE,

HR 990. By Representatives Teague of the 58th, McKinney of the 51st, Maddox of the 72nd, Brooks of the 54th and Watson of the 70th:
A resolution supporting the mayor and the city council of the City of College Park and the Old National Merchants' Association in urging Service Mer chandise, Macy's, and Target to reconsider their decisions to close their retail shops in South Fulton County.
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 1491 HB 1492 HB 1493 HB 1494 HB 1495 HB 1496
ra 1
rlJi 14&o
riB 1499
HB 1500 HB 1501 HtHinBB i11K55t00\A34 HHTTBBTJ 1i155C0A065E
HB 1507
HB 1508
HB 1509
HB 1510
HB 1511
HB 1512

HB 1513

HB 1514

HB 1515

HB 1516

HR 942

SB 326

SB 417
gg 423

Q-Q AAQ

fB *g

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sScoBn 5o.0ua2*l

OS_ R?n.

4OJ.
488

SR 489

SR 493

SR 494

SR 496

SR 532

HB 1502

Pursuant to Rule 52, Representative DeLoach of the 172nd moved that the following Bill of the House be engrossed:

HB 1502.

By Representatives DeLoach of the 172nd and Tillman of the 173rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain House districts.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 946 Do Pass, by Substitute HB 1268 Do Pass, by Substitute

WEDNESDAY, FEBRUARY 4,1998

291

Respectfully submitted,
/s/ Holmes of the 53rd Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 778 Do Pass HR 825 Do Pass HR 828 Do Pass

HR 829 Do Pass SB 172 Do Pass

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1298 Do Pass HB 1468 Do Pass SB 418 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 1304 Do Pass HB 1453 Do Pass HR 847 Do Pass HR 855 Do Pass

HR 859 Do Pass HR 860 Do Pass HR 931 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

292

JOURNAL OF THE HOUSE,

HB 1468. By Representative Hudgens of the 24th: A bill to provide a new charter for the City of Danielsville.

The report 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 418. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the solicitorgeneral of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1298.

By Representatives Sauder of the 29th, Cooper of the 31st, Parsons of the 40th, Manning of the 32nd, Wiles of the 34th and others:
A bill to amend an Act to provide for the method of filling vacancies on the Board of Education of Cobb County, so as to provide for the timing of a spe cial election to fill 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 97, 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 55. By Senators Thomas of the 10th, Griffin of the 25th, Johnson of the 2nd 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 gener ally, 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.

WEDNESDAY, FEBRUARY 4,1998

293

SB 79. By Senators Ragan of the llth, Stair of the 44th, Streat of the 19th 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 ser vice for forfeited annual and sick leave; to provide conditions for an effective date and automatic repeal.

SB 427. By Senators Starr of the 44th, Bowen of the 13th, Dean of the 31st and oth ers:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for retired members of the Georgia State Patrol and retired agents of the Georgia Bureau of Investigation.

SB 484. By Senators Gillis of the 20th, Muggins of the 53rd, Egan of the 40th and others:
A bill to amend Chapter 2 of Title 12 of the Official Code of Georgia Anno tated, relating to the Department of Natural Resources, so as to change a certain date applicable to criminal enforcement of regulations; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic sites, and recreational areas, so as to provide that persons may not enter areas requiring permits without such a permit.

SB 486. By Senators Gillis of the 20th, Muggins of the 53rd, Egan of the 40th and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to provide for the imposition of civil penalties upon public water systems serving fewer than 10,000 persons, respectively, for certain violations and for the negligent or intentional failure or refusal to comply with final orders issued by the director of the Environmental Protection Division of the Department of Nat ural Resources.

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

SB 55. By Senators Thomas of the 10th, Griffin of the 25th, Johnson of the 2nd 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 gener ally, 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.

294

JOURNAL OF THE HOUSE,

SB 79. By Senators Ragan of the llth, Starr of the 44th, Streat of the 19th 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 ser vice for forfeited annual and sick leave; to provide conditions for an effective date and automatic repeal.
Referred to the Committee on Retirement.

SB 420. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and pro vide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appoint ment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 427. By Senators Starr of the 44th, Bowen of the 13th, Dean of the 31st and oth ers:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for retired members of the Georgia State Patrol and retired agents of the Georgia Bureau of Investigation.
Referred to the Committee on Public Safety.

SB 484. By Senators Gillis of the 20th, Huggins of the 53rd, Egan of the 40th and others:
A bill to amend Chapter 2 of Title 12 of the Official Code of Georgia Anno tated, relating to the Department of Natural Resources, so as to change a certain date applicable to criminal enforcement of regulations; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic sites, and recreational areas, so as to provide that persons may not enter areas requiring permits without such a permit.
Referred to the Committee on Game, Fish & Parks.

SB 486. By Senators Gillis of the 20th, Huggins of the 53rd, Egan of the 40th and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to provide for the imposition of civil penalties upon public water systems serving fewer than 10,000 persons, respectively, for certain violations and for the negligent or intentional failure or refusal to comply with final orders issued by the director of the Environmental Protection Division of the Department of Nat ural Resources.
Referred to the Committee on Natural Resources & Environment.

WEDNESDAY, FEBRUARY 4, 1998

295

Representative Canty of the 52nd 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 869. By Representatives Roberts of the 162nd, Holland of the 157th, Dukes of the 161st, Shaw of the 176th, Hanner of the 159th and others:
A resolution recognizing Congressman Sanford Bishop and inviting him to appear before the House of Representatives.

HR 928. By Representative Channel! of the lllth:
A resolution commending and congratulating the Gatewood Golf Team and their coach and inviting them to appear before the House of Representatives.

HR 929. By Representatives Porter of the 143rd, Coleman of the 142nd, Lucas of the 124th, Murphy of the 18th and Barfoot of the 155th:
A resolution commending Robert Cook, Georgia Artist of the Year and invit ing him to appear before the House of Representatives.

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

HR 991. By Representatives Teper of the 61st, Porter of the 143rd, Barnes of the 33rd, Hanner of the 159th, Coleman of the 142nd and others:
A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Rep resentatives.

HR 992. By Representatives Buckner of the 95th, Pelote of the 149th, Thomas of the 148th, Taylor of the 134th, Stanley of the 50th and others:
A resolution commending the Georgia chapter of the American Academy of Pediatrics; inviting a delegation representing said chapter to appear before the House of Representatives.

HR 993. By Representatives Pelote of the 149th and McKinney of the 51st:
A resolution commending the sisters of the Alpha Theta Zeta Chapter of Zeta Phi Beta Sorority, Inc., and inviting them to appear before the House of Representatives.

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

HB 1483.

By Representatives Sims of the 167th, Golden of the 177th, Royal of the 164th, Hudson of the 156th, Shaw of the 176th and others:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to impose a tax upon certain individuals' profits derived from accounts, descriptions, publishing a book or article, making a public appear ance, or participating in any commercial activity concerning a crime commit ted within the State of Georgia.

296

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Banks and Banking and referred to the Committee on Judiciary:

SB 402. By Senator Egan of the 40th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to comprehensively reorganize and rewrite Arti cle 8, relating to investment securities; to provide a short title and defini tions; to provide rules for determining whether certain obligations and interests are securities or financial assets; to provide for acquisition of a secu rity or financial asset or interest therein.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Public Safety and referred to the Committee on Retirement:

SB 326. By Senator Perdue of the 18th:
A bill to amend Code Section 47-2-221 of the Official Code of Georgia Anno tated, relating to disability benefits payable to certain law enforcement offi cers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal.

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

HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Lee of the 94th, Buck of the 135th and others

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1997-1998, known as the "General Appropriations Act", approved April 24, 1997 (Ga. L. 1997, p. 110), so as
to change certain appropriations for the State Fiscal Year 1997-1998; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act providing appropriations for the State Fiscal Year 1997-1998, as amended, known as the "General Appropriations Act" approved April 24, 1997 (Ga. L. 1997, p. 110), is further amended by striking everything following the enacting clause through Section 61, 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, 1997, and ending June 30, 1998, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds for the State, including surplus, reserves and a revenue estimate of $11,118,625,000 (excluding Indigent Trust Fund and Lottery Receipts) for State Fiscal Year 1998.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly..........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected Officials............................................$ Regular Operating Expenses .........................................................$

27.168.900 14,701,206 3,978,935
2,577,235

WEDNESDAY, FEBRUARY 4, 1998

297

Travel-Staff ...................................................................................$ Travel - Elected Officials...............................................................) Capital Outlay.................................................................................) Equipment........................................................................................) Computer Charges...........................................................................) Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts - Staff .........................................$ Per Diem, Fees and Contracts - Elected
Officials .............................................................................,...........$ Per Diem Differential.....................................................................) Photography .....................................................................................$ Expense Reimbursement Account ................................................$ Total Funds Budgeted....................................................................) State Funds Budgeted....................................................................)

100,000 7,000 0
250,000 608,000
5,000 650,500 130,230
2,403,794 519,200 105,000
1.132.800 27,168,900 27,168,900

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

4,227,270 740,357
1.196,674 6,164,301

4,227,270 740,357
1.196.674 6,164,301

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

$

10,987,419

$

579,469

$

1,471.096

$

13,037,984

10,987,419

$

579,469

$

1.471.096

$

13,037,984

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

$

2,888,271

$

2,296,665

$

994,253

$

1,391,664

$

395.762

$

7,966,615

2,888,271 2,296,665
994,253 1,391,664
395.762 7,966,615

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

298

JOURNAL OF THE HOUSE,

most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary not withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit- Department of Audits................................................ ..$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

20.830.704 17,626,839
668,070
603,413 118,374 15,000 930,160 43,000 641,510 184.338 20,830,704 20,830,704

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....................................................................!

91.483.223 12,819,251 75,294,404 2,613,810
1,624,344 38,000
300,000
700.000
93,389,809 91,483,223

Judicial Branch Functional Budgets

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court - Judges Superior Cot" ' - District
Attorneys Juvenile Court

6,879,503 8,045,875 35,701,730
31,025,763 1,209,812

6,229,503 7,995,875 35,627,730
29,972,447 1,209,812

WEDNESDAY, FEBRUARY 4, 1998

299

Institute of Continuing Judicial Education
Judicial Council Judicial Qualifications
Commission Indigent Defense Council Georgia Courts Automation
Commissions Georgia Office of Dispute
Resolution Total

783,635 2,739,590
166,364 4,284,487
2,294,186
258.864 93,389,809

783,635 2,660,320
166,364 4,284,487
2,294,186
258.864 91,423,223

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....................................................................$

48.981.724 52,274,607 14,772,359
500,371 812,834 2,301,544 13,975,611 3,567,350 3,852,727 3,544,715 11,129,891
0 2,974,797
5,385,860 60,913,800 1,004,406 20,039,840
700,000 85,000 48,500 85.000 197,969,212 48,981,724

Departmental Functional Budgets

Total Funds

State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury
and Fiscal Services Office of State Administrative
Hearings Total

15,134,414 9,832,273 31,659,290 135,115,763
667,364
1,524,951
4.035.157 197,969,212

8,022,088 4,448,172
0 32,287,569
667,364
192,372
3.364.159 48,981,724

B. Budget Unit: Georgia Building Authority.. Personal Services...........................................

0 23,054,408

300

JOURNAL OF THE HOUSE,

Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................? Utilities.............................................................................................? Capital Outlay .................................................................................? Contractual Expense.......................................................................? Facilities Renovations and Repairs..............................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

13,560,189 12,000 200,000 196,800 15,071 405,000 110,100 228,970 0 0 0
4.819.054 42,601,592
0

Departmental Functional Budgets

Total Funds

State Funds

Grounds
Custodial Maintenance Security Van Pool
Sales Administration Roofing Facilities Program
Total

1,452,327

0

5,507,049

0

4,297,686

0

7,229,140

0

381,939

0

4,234,456

0

18,424,715

0

370,657

0

703.623

0

42,601,592

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.................................................................................? Contract - Federation of Southern

37.776.853 32,369,566 4,449,644
959,745 302,000 448,115 670,430 814,475 412,585 951,396 1,046,000
2,948,546
2,855,440 275,000 60,000 175,000
730,704 0

WEDNESDAY, FEBRUARY 4, 1998

301

Cooperatives.................................................................................$ Boll Weevil Eradication Program.................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

40,000 0
49,508,646 37,776,853

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

8,179,810

$

15,993,493

$

6,393,875

$

6,594,695

$

3,671,579

$

8,092,956

$

582,238

$

49,508,646

$

7,398,810

$

12,861,358

$

2,718,875

$

6,407,195

$

3,541,879

$

4,848,736

$

0

$

37,776,853

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....................................................................!

9.523,070 7,838,930
437,094 400,000 112,380
7,464 277,112 364,290 73,000
12.800 9,523,070 9,523,070

Section 7. 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......................................................!

29,879,802 6,260,169
335,591 175,696
0 1,368 132,424 488,430 82,110 247,564

302

JOURNAL OF THE HOUSE,

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...............................................................$ Payments to State Housing Trust Fund .....................................$ Payment to Georgia Housing
and Finance Authority ...............................................................$ Payment to Georgia Environmental Facilities
Authority ......................................................................................$ Regional Economic Business
Assistance Grants ........................................................................$ Regional Economic Development
Grant Program.............................................................................! State Commission on National and Community
Service...........................................................................................! EZ/EC Administration ...................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,063,100 2,746,727
133,355
30,000,000 1,113,812
937,868 650,000 4,531,250
2,814,244
2,434,250
5,500,000
1,250,000
308,272 199.024 62,405,254 29,879,802

Departmental Functional Budgets

Total Funds

State Funds

Executive Planning, Information and
Management Business and Financial Assistance Administration Total

!

1,727,464

!

6,155,239

$

39,076,556

!

15.445.995

!

62,405,254

!

1,727,464

$

5,980,711

$

8,002,999

!

14,168.628

$

29,879,802

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy...............................................................................! County Subsidy for Jails................................................................! County Workcamp Construction Grants.....................................! Central Repair Fund.......................................................................! Payments to Central State Hospital
for Meals.......................................................................................! Payments to Central State Hospital
for Utilities...................................................................................! Payments to Public Safety for Meals..........................................!

700,029.028 497,830,442 60,038,119
2,237,021 1,280,920 3,533,387 5,777,354 6,002,776 6,837,979 6,521,239
22,365,907 1,200,000 16,777,319 9,532,184
1,093,624
4,059,700
1,576,000 477,160

WEDNESDAY, FEBRUARY 4, 1998

303

Inmate Release Fund......................................................................$ Health Services Purchases.............................................................$ Payments to MAG Certification...................................................?
University of Georgia - College of Veterinary Medicine Contracts .....................................................................$
Minor Construction Fund ..............................................................$ Total Funds Budgeted....................................................................$
Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................?

1,300,000 70,729,542
66,620
366,244 894.000 720,497,537 450,000 700,029,028

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration Human Resources Field Probation
Facilities Total

15,010,373 51,214,918 14,019,558 61,401,109 578.851.579 720,497,537

14,653,373 48,989,399 14,019,558 60,921,109
561.445.589 700,029,028

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....................................................................?

44.929.713 35,062,129 1,614,750
542,000 23,000 194,424
591,200 2,785,000
930,000
2,293,650 868,560
25.000 44,929,713 44,929,713

Section 9. 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....................................................................?

4.989,144 10,589,217 7,614,572
38,375
20,000 40,225 24,400 41,225 470,200 ___ 18,838,214 4,989,144

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

I,613,393 5,553,809 II.671.012
18,838,214

1,412,701 602,799
2.973.644 4,989,144

Section 10. State Board of Education

304

JOURNAL OF THE HOUSE,

Department of Education. A. Budget Unit: Department of Education .......................................$ Operations:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay.................................................................................! QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................! Grades 4 - 8......................................................................................$ Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education Laboratories..............................................! Special Education............................................................................! Gifted................................................................................................! Remedial Education........................................................................! Staff Development and Professional
Development................................................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Local Fair Share..............................................................................! Mid-Term Adjustment Reserve....................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparaity 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........................................................................................!

4.506.634.237
35,653,456 6,721,474 1,066,510
39,279 108,465 8,825,662 1,362,627 1,248,850 24,820,118 793,952
0
1,087,229,681 921,117,189 376,283,741 187,374,816 122,022,070 438,067,665 69,771,250 99,733,473
35,394,416 114,193,981 727,527,989 144,838,830 (668,034,272) 78,577,895
168,134,386 3,717,891 27,736,019
104,583,661 87,109,283
563,759 18,078,796
164,747,346 5,408,750 73,012,113 2,210,804 45,900,747
188,375,722 32,038,845
1,491,147 10,589,180 3,568,830 24,974,476 3,644,659 4,600,000 11,524,998
301,207 2,720,906

WEDNESDAY, FEBRUARY 4, 1998

305

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 .............................................................................$ Serve America Program .................................................................$ Youth Apprenticeship Grants .......................................................$ Remedial Summer School..............................................................$ Alternative Programs......................................................................! Environmental Science Grants......................................................$ Pay for Performance.......................................................................$ Mentoring Program.........................................................................! Charter Schools ...............................................................................$ Migrant Education..........................................................................! Advance Placement Exams............................................................$ PSAT Exams....................................................................................! State and Local Education Improvement...................................! Educational Technology Support.................................................! Accounting, Management and Student
Information System....................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

29,829,742 9,663,513
16,901,918 601,772
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895
273,723
99,047,892 17,754,530 1,250,000
382,597 4,340,000 1,689,931 13,191,644
100,000 6,694,000
500,000 45,000 274,395 1,608,000 756,500 4,552,565 15,401,836
11.321.870 5,060,673,401
340,000 4,506,634,237

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

10,108,626 19,898,109 1,124,597 5,310,732 6,776,777 17,781,635 4,980,383,008 5,554,282 4,623,900 5,280,626 1,090,100 2,741,009 5,060,673,401

8,648,432 14,918,586 1,047,008 5,310,732
392,542 16,470,831 4,443,528,116
5,193,601 4,384,804 4,799,884 1,090,100
849.601 4,506,634,237

B. Budget Unit: Lottery for Education..............................................! Pre-Kindergarten for 4-year-olds .................................................$ Education Technology Center.......................................................! Alternative Programs......................................................................! Capital Outlay .................................................................................$ Postsecondary Options...................................................................!

357.232.088 211,279,348
689,836 500,000 100,016,973 2,100,000

306

JOURNAL OF THE HOUSE,

Computers in the Classroom .........................................................$ Assistive Technology.......................................................................! Technology Specialists ...................................................................$
Accounting Management and Student Information System ....................................................................$
Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

36,841,431 2,000,000
0
3.804.500 357,232,088 357,232,088

Section 11. 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 1,920,759
260,600 18,000
0 5,105 544,663 306,040 36,315 1.291.250 4,382,732
0

Section 12. Forestry Commission. Budget Unit: Forestry Commission....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$
TpWntnmiininnt.inns.......................................................................^
Per Diem, Fees and Contracts ....................................................,,! Capital Outlay.................................................................................! Ware County Grant for Southern Forest World........................! Ware County Grant for Road Maintenance ...............................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

34.986.218
29,108,768 5,636,892
161,926
668,913 1,598,518
323,000 21,420 925,319
1,161,403 241,752 28,500
60,000 39,936,411 34,986,218

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

1,859,526 33,896,376
4.180.509 39,936,411

!

25,710

!

30,948,154

!

4.012.354

!

34,986,218

Section 13. 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.......................................................................!

48.326.166 37,198,120
4,488,436 478,225
294,000 630,490
640,355 2,086,425 1,103,470

WEDNESDAY, FEBRUARY 4,1998

307

Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

922,645 484,000
0 48,326,166 48,326,166

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,324,259

$

24,306,898

$

8,296,824

!

11,398,185

$

48,326,166

$

4,324,259

$

24,306,898

$

8,296,824

$

11.398.185

$

48,326,166

Section 14. Office of the Governor.
A. Budget Unit: Office of the Govemor.............................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ 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..................................................! Children and Youth Grants...........................................................! Juvenile Justice Grants..................................................................! Georgia Crime Victims Assistance Program ...............................$ Grants to Local Systems................................................................! Grants - Local EMA .......................................................................$ Grants - Civil Air Patrol................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

30.616.017 15,352,586
943,322 236,064 60,408 830,700 996,718 495,706 4,311,892 3,354,364 40,000 3,160,000 156,750 3,900,000 241,500 175,000 276,426 1,499,100 100,000 684,400 1,085,968 57.000 37,957,904 30,616,017

Departmental Functional Budgets

Total Funds

State Funds

Governor's Office Office of Planning and Budget Council for the Arts Office of Equal
Opportunity Office of Consumer Affairs Criminal Justice Coordinating
Council Children and Youth Coordination
Council Human Relations Commission Professional Standards Commission Georgia Emergency Management
Agency

$

6,711,114

$

8,125,886

$

5,105,637

!

983,071

!

3,317,635

!

1,250,197

!

2,253,846

$

311,207

$

4,041,774

$

4,983,374

$

6,711,114

$

8,125,886

!

4,502,137

!

819,125

$

3,216,635

$

310,878

!

554,846

$

311,207

$

4,041,774

$

1,148,252

308

JOURNAL OF THE HOUSE,

Office of Information Technology Governor's Commission for the
Privatization of Government Services Total

711,123

$

163.040

$

37,957,904

711,123
163.040 30,616,017

Section 15. Department of Human Resources. Budget Unit: Department of Human Resources ..............................$
1. General Administration and Support Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Special Purpose Contracts.............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts......................................................! Institutional Repairs and Maintenance.......................................! Postage..............................................................................................! Payments to DMA-Community Care...........................................! Grants fo County DFACS-Operations.........................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

1.165.303.906
59,889,746 2,414,323 1,519,760 1,573,678
87,698 1,885,043 4,743,651
769,907 6,943,171
284,000 46,486,389 38,724,534
89,214 921,752 17,942,073 927.901 185,202,840 412,600 116,086,531

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Planning and Budget Services Children's Community Based
Initiative Troubled Children's Placements Facilities Management Technology and Support Regulatory Services - Program
Direction and Support Child Care Licensing Health Care Faculties 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 Office of Adoption Services Total

1,037,742 4,057,233
5,508,295 46,486,389 5,509,616 22,716,838
576,110 2,752,638 10,290,048 6,435,216 8,470,765 1,888,006 3,492,190
0 1,179,800 60,148,463
1,657,353 1,804,142 1.191.996 185,202,840

!

1,037,742

!

4,057,233

!

5,133,295

!

33,335,726

!

4,255,620

!

21,073,684

566,110 2,752,638 4,587,256 2,317,156 6,645,750 1,888,006 3,492,190 (9,989,499) 1,179.800 30,788,522

49,164 1,724,142 1.191.996 116,086,531

2. Public Health Budget: Personal Services...............

48,755,563

WEDNESDAY, FEBRUARY 4, 1998

309

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 Services Funding. State Funds Budgeted....................

74,251,573

802,414

0

195,367

1,682,597

1,413,650

1,218,661

...$

4,313,697

...$

280,732

...$

14,523,990

...$

132,073,686

...$

34,500

...$

106,097

4.480.555

...$

284,133,082

...$

549,718

154,070,867

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Oral Health
Stroke and Heart Attack Prevention
Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases
Family Planning Women, Infants and Children
Nutrition
Grant in Aid to Counties Children's Medical Services Emergency Health
Primary Health Care Epidemiology Immunization
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 Health Management AIDS
Vaccines Drug and Clinic Supplies

12,801,257 1,375,269 1,573,141
2,292,312 4,042,592
5,246,146 2,305,709 10,881,359
83,435,710 68,422,827 13,258,839 3,256,364 1,467,688
697,961 1,043,235 6,165,832
863,506 1,190,809 2,523,376
376,294 569,046 4,874,431 1,328,484 263,191 2,025,699 2,736,633 1,400,306 6,358,148 278,580 9,259,067 7,843,045 3,250,000

12,671,582 1,160,438 1,250,966
1,179,700 3,268,773
5,134,146 305,551
5,854,042
0 67,292,789 6,482,532 1,907,651 1,364,601
442,425 0
4,717,392 685,576 710,584
1,080,501 376,294 569,046
4,874,431 1,074,293
263,191 1,779,342 2,513,815
888,433
6,088,148 278,580
5,049,183 0
2,493,380

310

JOURNAL OF THE HOUSE,

Adolescent Health
Public Health - Planning Councils Early Intervention Injury Control
Public Health - Division Indirect Cost
Total

$

7,167,155

$

177,138

$

13,024,215

$

357,718

$

0

$ 284,133,082

2,743,551 159,641
10,739,428 206,580
(1.535.718) 154,070,867

3. Rehabilitation Services Budget: Personal Services..................................................................... Regular Operating Expenses .................................................
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Case Services....................................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts.....................................................! Institutional Repairs and Maintenance .......................................$ Utilities .............................................................................................$ Postage ..............................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................*

80,070,234 11,635,180 1,402,054
50,582 751,574
2,990,069 4,117,555
2,043,183 7,855,273 29,330,191
685,245 11,556,562
255,000 859,650
823.675 154,426,027
100,000
23,967,698

Departmental Functional Budgets

Total Funds

State Funds

Vocational Rehabilitation Services Independent Living
Sheltered Employment Community Facilities
Program Direction and Support Grants Management Disability Adjudication
Georgia Factory for Blind Roosevelt Warm Springs Institute Total

$

61,115,620

$

718,949

$

566,005

$

10,140,272

$

4,081,230

$

694,540

$

38,737,780

$

12,600,070

$

25.771,561

$ 154,426,027

!

12,024,237

!

283,969

!

566,005

!

3,585,422

!

1,237,275

!

694,540

!

0

!

867,699

!

4.708.551

!

23,967,698

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..............................................................................................!

46,034,209
4,654,700 1,139,360
0 383,289
30,844,569 3,722,619 10,099,417
24,111,982 3,086,607
306,399,952 6,579,933
239,807,247 27,366,239 2,774,054

WEDNESDAY, FEBRUARY 4, 1998

311

Grants to County DFACS - Operations. Total Funds Budgeted............................... Indirect DOAS Services Funding ............
State Funds Budgeted...............................

312,839,264

...$

1,019,843,441

...$

2,565,582

...$

357,183,073

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 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

$

513,508

3,748,110

3,284,424

3,927,362

10,824,372

1,076,242

2,704,799

32,038,253

1,475,648

70,691,121

296,109,390

1,122,012

2,799,420

7,223,130

117,728,802

96,752,523 3,190,752

8,333,523

68,037,925

21,986,491 47,557,515 4,290,503 31,595,512 9,900,790 5,146,142 17,361,167 11,544,785 132,320,622 3,471,991 3,086,607
0 1,019,843,441

$

513,508

$

3,125,801

$

3,024,181

$

3,927,362

$

543,999

$

1,076,242

$

1,699,008

$

13,048,816

$

1,475,648

$

11,335,403

$

68,100,070

$

1,122,012

$

0

$

0

$

58,204,089

$

36,560,073

$

0

$

2,269,294

$

33,652,572

$

8,203,841

$

16,161,742

$

2,520,990

$

20,022,962

$

7,289,407

$

4,298,815

$

13,279,408

$

9,718,081

$

38,486,937

$

3,407,759

$

3,086,607

$ (8,971,554)

$ 357,183,073

Budget Unit Object Classes:

5. Mental Health/Mental Retardation and
Substance Abuse .................................. Personal Services........................................ Operating Expenses ..................................
Motor Vehicle Equipment Purchases..... Utilities ....................................................... Major Maintenance and Construction....
Community Services.................................. Total Funds Budgeted.............................. Indirect DOAS Services Funding...........

513,995,737 329,251,030 56,967,850
220,000 11,532,133 2,127,790 307,717,959 707,816,762 2,404,100

312

JOURNAL OF THE HOUSE,

State Funds Budgeted................................................................

513,995,737

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at
Augusta Northwest Regional Hospital at
Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and
Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

$

40,087,188

$

24,432,255

$

23,366,723

$

18,512,863

$

25,464,893

$

29,166,040

$ 123,988,361

$

18,835,886

$

53,299,515

$

19,658,931

$

4,054,089

$

805,431

$ 152,693,249

$

97,565,117

$

60,650,585

$

10,222,668

$

5.012,968

$ 707,816,762

24,943,159 7,594,141 21,448,921
16,625,971
18,400,234
24,483,758 81,561,732
17,154,565
23,487,815 16,872,692 3,145,154
744,277 146,762,118
66,392,638
33,552,905 6,336,746 4.488.911 513,995,737

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.......... ..............................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Case Services.....................................................,..............................$ Children's Trust Fund....................................................................$ Cash Benefits...................................................................................! Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Institutional Repairs and Maintenance .......................................$ Utilities .............................................................................................$ Postage..............................................................................................$ Payment to DMA-Community Care ............................................$ Medical Benefits..............................................................................$ Grants to County DFACS - Operations ......................................$ Major Maintenance and Construction .........................................$ Community Services .......................................................................$ Operating Expenses ........................................................................$

564,000,782 92,955,776 4,863,588
1,844,260 1,417,928 37,402,278 13,997,475 14,131,168 43,224,123 29,330,191 3,086,607 306,399,952 7,829,910 286,293,636 92,171,325 132,073,686
378,714 12,391,783 4,625,578 17,942,073 4,480,555 313,767,165 2,127,790 307,717,959 56,967,850

Section 16. Department of Industry, Trade and

WEDNESDAY, FEBRUARY 4, 1998

313

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.........................................................................................! Waterway Development in Georgia..............................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

20.334.594
10,139,980 1,578,726
387,465
16,200 64,757 199,780
850,559 335,700 1,259,638
191,600 5,486,189
50.000
20,560,594 20,334,594

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development
International Trade Tourism
Georgia Legacy
Strategic Planning and Research Total

$

8,052,323

$

3,721,258

$

1,608,625

$

5,377,716

$

1,175,385

$

625.287

$

20,560,594

$

8,052,323

$

3,721,258

$

1,608,625

$

5,151,716

$

1,175,385

$

625.287

$

20,334,594

Section 17. Department of Insurance.
Budget Unit: Department of Insurance .............................................$ Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

15.799.353 14,129,498
800,728 534,074 50,000
113,558 199,213
825,294 342,424 211,219
0 17,206,008 15,799,353

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund Total

$

4,248,088

$

6,425,444

$

559,587

$

5,347,889

!

625.000

!

17,206,008

!

4,248,088

$

6,425,444

$

559,587

$

3,941,234

!

625.000

!

15,799,353

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice ..................................$
Personal Services.............................................................................!

200.488.692 109,418,846

314

JOURNAL OF THE HOUSE,

Regular Operating Expenses .............

....,$

Travel....................................................

....if

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........................

....$

11,449,175 1,201,273
128,000 466,775 438,855 1,884,885 1,191,008 8,503,838 3,338,520 693,989 3,382,927 18,607,910 21,286,552 23,997,601 205,990,154 200,488,692

Departmental Functional Budgets

Total Funds

State Funds

Regional Youth Development Centers
Bill E. Ireland YDC Augusta YDC Lorenzo Benn YDC Macon YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes Law Enforcement Office CYS Purchased Services Assessment and Classification GAPP Family Enrichment Center Multi-Service Centers Administration Total

$

43,218,670

$

16,845,327

$

11,846,291

$

6,958,284

$

6,080,217

$

15,783,704

$

36,388,553

$

10,251,761

$

19,893,065

$

493,281

$

1,114,257

$

1,766,287

$

21,095,774

$

551,431

$

50,000

$

3,916,725

$

9,736,527

$ 205,990,154

$

42,057,861

$

15,181,815

$

11,339,861

$

6,718,800

$

5,792,658

$

15,115,614

$

35,747,712

$

10,024,761

$

19,737,213

$

493,281

$

1,114,257

$

1,766,287

$

20,233,889

$

551,431

$

50,000

$

3,826,725

$

9,736,527

$ 200,488,692

Section 19. Department of Labor.

Budget Unit: Department of Labor.......

.....$

Personal Services.................................

......$

Regular Operating Expenses .............

.....if

Travel ....................................................

.....$

Motor Vehicle Purchases ...................

.....If

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 .....................................

.....If

Total Funds Budgeted........................

.....$

State Funds Budgeted........................

.....$

10,500,998 72,322,396 6,213,740
1,305,910 0
457,047 3,058,815 1,888,123 1,465,339 60,500,000 3,157,943
0 1,774,079
0 152,143,392 10,500,998

WEDNESDAY, FEBRUARY 4, 1998

315

Section 20. Department of Law. Budget Unit: Department of Law.......................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

13.274.252 12,272,365
743,135 179,322 27,686 311,601 826,548 140,424 235,000 147.000 14,883,081 13,274,252

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....................................................................!

1,171.955.015 17,102,396 5,814,019 188,400
51,500 42,878,090
765,380 525,000 99,734,768
3,180,446,905 772.500
3,348,278,958 1,171,955,015

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Medicaid Benefits Systems Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care Programs General Administration Total

!

1,823,493

! 3,180,446,905

!

50,348,074

!

2,314,233

!

9,380,394

!

3,854,589

!

5,466,700

!

4,938,853

!

89,705,717

! 3,348,278,958

!

871,641

! 1,126,840,804

!

11,527,182

!

870,497

!

3,613,357

!

1,654,454

!

2,733,350

$

2,354,050

!

21.489.680

$ 1,171,955,015

B. Budget Unit: Medicaid Services.....................................................! Per Diem, Fees and Contracts......................................................! Benefits.............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

148.828.880 8,200,000
368.962.635 377,162,635 148,828,880

Section 22. Merit System of Personnel Administration
Budget Unit: Merit System of Personnel Administration........................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................!

300.000 9,209,855 2,498,301
111,100

316

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Claims Expense...............................................................................! Total Funds Budgeted....................................................................$ Other Agency Funds .......................................................................$ Agency Assessments........................................................................! Employee and Employer Contributions ......................................$ Deferred Compensation..................................................................! State Funds Budgeted....................................................................!

41,453 3,412,707
866,109 445,820 191,288,143 890.662.994 1,098,536,482 1,396,243 11,081,363 1,085,476,766 282,110
300,000

Departmental Functional Budgets

Total Funds

State Funds

Executive Office
Human Resource Administration Employee Benefits
Internal Administration Total

3,294,263 5,665,972 1,085,764,200 3.812.047
1,098,536,482

300,000 0 0 0
300,000

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.......................................................!
Contracts:
Corps of Engineers (Cold Water Creek State Park) ...................................................................................$
Georgia State Games Commission................................................!
U.S. Geological Survey for Ground Water Resources......................................................................................!
Payments to Civil War Commission............................................! Hazardous Waste Trust Fund.......................................................! Solid Waste Trust Fund................................................................!
Payments to Georgia Agricultural Exposition

101.695.384 74,179,877 13,933,169
582,059 1,446,520 2,004,467 2,972,182 2,378,593 1,273,250 12,558,682
98,600 575,000 1,693,217
878,810
3,088,000
213,750
737,330
350,000 1,300,000
26,250 500,000
800,000 256,500
170,047 204,642
300,000
31,000 7,380,472 6,792,756

WEDNESDAY, FEBRUARY 4, 1998

317

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....................................................................?

2,062,017 100,000 6.000
138,893,190
890,073
2,122,585
2,663,931
1,426,635 200,000
101,695,384

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

$

4,885,828

2,962,334

2,731,243

38,183,455 2,189,298 36,792,147 50,123,138 1.025.747 138,893,190

?

4,870,828

?

2,962,334

?

2,241,243

?

16,502,341

?

2,064,580

?

31,690,356

?

40,337,955

$

1.025.747

$ 101,695,384

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 2,677,702 1,993,200
25,000
30,000
100,000 20,000
0 50,000 695,000
0 5,590,902
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

5,590,902

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........................................................................................?

100,628,816
61,941,346 8,005,646
104,095 2,100,000
288,460

318

JOURNAL OF THE HOUSE,

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....................................................................!

3,551,067 28,962
1,944,147 994,000
145,100
0 0 79,102,823
1,650,000 77,452,823

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....................................................................!

18,074,759 1,110,763
54,381 0
47,643 0
47,262 270,000 271,500
0 303,651
34,900
2.961.134 23,175,993
0 23,175,993

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

19,384,349
23,175,993 59.718.474 102,278,816

!

17,884,349

!

23,175,993

!

59.568,474

! 100,628,816

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....................................................................!

14.162,878
8,147,049 2,608,334
97,663 0
217,303 153,819 154,997 172,113 524,390 2,425,200 3,536,527
0 18,037,395 14,162,878

Departmental Functional Budgets

Total Funds

State Funds

WEDNESDAY, FEBRUARY 4, 1998

319

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

3,051,769
1,417,555 1,179,198 1,133,947
464,482
10.790.444 18,037,395

327,252
1,417,555 1,089,198 1,023,947
464,482
9.840.444 14,162,878

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................................,...................................$

15.110.000 1,472,500 13.637.500 15,110,000 15,110,000

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....................................................................!

8,482.241 7,389,185
643,921 277,556 204,500 61,826 399,811 330,108 158,378 1.266.590 10,731,875 8,482,241

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

2,185,724 3,561,341 4.984,810 10,731,875

2,185,724 1,541,099 4,755.418 8,482,241

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....................................................................!

1.300.549.052
1,346,731,158 204,900,000
327,745,456 146,225,000 19,622,118
1,491,151 351,860 741,611
48,453,064 5.319.000 2,106,580,418

320

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Department Income ........................................................................$ Sponsored Income...........................................................................? Other Funds.....................................................................................? Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

42,000,000 351,125,000 409,866,866
3,039,500 1,300,549,052

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 .........................................$ Center for Rehabilitation Technology .........................................$ SREBPayments..............................................................................$ Medical Scholarships......................................................................? Regents Opportunity Grants.........................................................? Regents Scholarships ......................................................................$ Rental Payments to Georgia Military College............................? CRT Inc. Contract at Georgia Tech Research Institute.......................................................................? Direct Payments to the Georgia Public Telecommunications Commission for Operations..................? Total Funds Budgeted....................................................................? Departmental Income.....................................................................? Sponsored Income...........................................................................? Other Funds.....................................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

182.254.855
278,691,453 70,533,799
128,037,390 42,274,927 2,497,965 14,189,218
3,864,204 2,119,378
146,400 7,210,000 6,044,890 3,049,004 4,653,750 1,386,882
600,000 200,000 1,273,869
193,815
17,415,057 584,382,001
0 121,662,552 279,921,094
543,500 182,254,855

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 ATDC/EDI 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

?

2,297,115

?

4,789,005

?

1,568,456

? 107,087,281

?

14,189,218

?

68,907,582

?

55,591,738

? 262,074,410

?

2,984,133

$

5,118,005

?

24,977,456

?

3,413,908

?

1,458,968

?

1,583,372

?

1,005,675

$

9,211,977

?

7,061,177

?

39,721,393

$

32,183,352

?

33,608,599

?

2,984,133

?

535,878

?

24,977,456

?

0

WEDNESDAY, FEBRUARY 4, 1998

321

Athens and Tifton Veterinary Laboratories
Regents Central Office Total

3,491,531 27.892,163 584,382,001

137,561 27,785,314 182,254,855

C. Budget Unit: Georgia Public Telecommunications Commission.................................................. ............$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................* Other Funds.....................................................................................$ State Funds Budgeted....................................................................*

0 9,906,134 20.071.586
29,977,720 29,977,720
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...................................................................................$ Internet Connection Initiative ......................................................$ Georgia Public Telecommunications Commission .....................$ Special Funding Initiatives............................................................* Total Funds Budgeted....................................................................* Lottery Funds Budgeted................................................................*

35.054.422
15,000,000 6,454,422 1,500,000 12.100.000 35,054,422 35,054,422

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 Purchases..............................................* Postage..............................................................................................* Investment for Modernization ......................................................* Total Funds Budgeted....................................................................* Other Funds .....................................................................................* Indirect DOAS Services Funding .................................................* State Funds Budgeted....................................................................*

103.705.873 60,089,292 5,221,372
1,366,540 120,000 410,048
12,600,530 2,886,194 2,711,370
1,250,237 3,422,795 2,642,850
3,506,810 12.856.290 109,084,328
1,533,455 3,845,000
103,705,873

Departmental Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Taxpayer Accounting Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Alcohol and Tobacco Total

*

19,961,656

11,243,171

11,635,054

16,553,073

8,174,335

17,583,288

4,204,944

8,187,047

4,959,156

4,021,076

23,103

2.538.425

109,084,328

19,961,656 11,093,171
10,619,854 16,413,073 7,874,335
16,283,288 3,565,144 8,187,047 3,225,701
3,921,076 23,103
2.538.425
103,705,873

322

JOURNAL OF THE HOUSE,

Section 29. Secretary of State. A. Budget Unit: Secretary of State.....................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
Computer Charges...........................................................................! Real Estate Rentals ......................................................................,,! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

29.047.000 18,042,115 3,156,655
239,500 135,019 89,990 2,789,487 2,402,255 845,850 1,726,594 664.535 30,092,000 29,047,000

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

3,869,578

!

4,822,902

4,553,807

4,629,248 1,195,085
387,907 10,532,499
100.974 30,092,000

3,839,578 4,747,902
3,783,807
4,609,248 1,195,085
387,907 10,382,499
100.974 29,047,000

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....................................................................!

2.235.046 1,344,466
167,500 15,000 25,000 9,630 333,150 165,300 42,000 133.000 2,235,046 2,235,046

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

!

2,235,046

2,275,046

Section 30. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission..............................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!

241,858 38,568 13,078 11,669

WEDNESDAY, FEBRUARY 4, 1998

323

Computer Charges...........................................................................$
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$
County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

45,776 106,062
36,576 549,905 174.418
2,495,590 2,132,890

Departmental Functional Budgets

Total Funds

State Funds

Commission and District Administration
District and Regional Office
Operations Total

857,873
1.637.717 2,495,590

706,831
1.426.059 2,132,890

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission....... ..........................$
Personal Services.............................................................................? Regular Operating Expenses ...............................,.........................?
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 ...........................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

34.167.303 444,058 15,000 16,000 17,000
3,100 13,822
40,000
12,000 50,000 4,739,075
26,264,000 1,221,380
86,000
337,500 100,000 808.368
34,167,303 34,167,303

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority
Georgia Nonpublic Postsecondary Education Commission
Total

33,556,323

$

610.980

$

34,167,303

33,556,323

$

610.980

$

34,167,303

B. Budget Unit: Lottery for Education..............................................$ HOPE Financial Aid - Tuition .....................................................$ HOPE Financial Aid - Books........................................................$ HOPE Financial Aid - Fees................................,..........................$ Tuition Equalization Grants .........................................................$ Private College Scholarships .........................................................$ Georgia Military College Scholarship ..........................................$ LEPD Scholarship ..........................................................................$ Teacher Scholarships......................................................................$ Promise Scholarships......................................................................$ Engineer Scholarships ....................................................................$ Total Funds Budgeted....................................................................?

204.195.380 96,375,165 26,636,606 20,938,256 21,051,971 26,730,000
640,200 249,736 10,000,000 1,003,446 570.000 204,195,380

324

JOURNAL OF THE HOUSE,

Lottery Funds Budgeted................................................................$

204,195,380

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....................................................................?

4.070.000 4,872,587
373,900 20,500
0 5,700 815,736 475,958 140,302 308,000 3,750,000 320.000 11,082,683 4,070,000

Section 33. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education......................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Personal Services-Institutions.......................................................? Operating Expenses-Institutions...................................................? 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 Operation...............................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

236.440.565 5,632,485 596,890 161,380 187,271 912,165 653,288 129,033 794,575
172,937,986 48,866,744 10,030,398 6,137,718 3,584,407 18,962,976 14,608,836 16,098,788
1,062,342 5.689.075 307,046,357 236,440,565

Departmental Functional Budgets

Total Funds

State Funds

State Administration Institutions Total

?

9,067,087

? 297.979.270

? 307,046,357

?

5,983,437

? 230.457.128

? 236,440,565

B. Budget Unit: Lottery for Education..............................................? Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................? Equipment - Technical Institutes.......................................................................................? Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................?

5.441.500
1,040,000
4,401.500 5,441,500 5,441,500

Section 34. Department of Transportation.

WEDNESDAY, FEBRUARY 4,1998

325

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 ......................................................................................$ Special Grants for Airport Development ................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

606.572.083 252,148,343 58,974,281
1,894,091 2,000,000 7,011,553 8,399,287 1,341,373 2,769,833 38,764,367 802,982,528
1,001,874 1,239,992 10,942,422
780,000
4,550,000
35.000.000 1,229,799,944
606,572,083

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction
Maintenance and Betterments Facilities and Equipment Administration Total

$ 881,676,749

$ 239,740,628

$

21,932,803

$

29.093.905

$ 1,172,444,085

282,675,190 227,316,643 21,372,803
28.310.230 559,674,866

General Funds Budget

Air Transportation Inter-Modal Transfer and
Facilities
Harbor/Intra-Coastal Waterways Activities
Total

1,871,114

54,704,745

$

780.000

57,355,859

1,451,103
44,666,114
780.000
46,897,217

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service.................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ......................................................................,,! Telecommunications.......................................................................! Per Diem, Fees and Contracts..................................................,...! Operating Expense/Payments to
Central State Hospital................................................................! Operating Expense/Payments to Medical
College of Georgia.......................................................................! Regular Operating Expenses for Projects and
Insurance......................................................................................!

19.795.288 5,156,689
180,263 92,245 201,495 20,400 248,700 67,500 14,158,810
0
7,420,422
498.100

326

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

28,044,624 19,795,288

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

20,573,202 7.471,422 28,044,624

14,862,258
4.933,030
19,795,288

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................? Equipment........................................................................................$ Computer Charges...........................................................................?
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$
Payments to State Treasury..........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

10.918.457
8,826,969 407,287 111,345
5,160 315,919 1,079,835 166,902 195,040
0 11,108,457 10,918,457

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)...................................................?
?

546,026,663 35.000,000 581,026,663

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New)...........................................................? Motor Fuel Tax Funds (New).......................................................?

Section 38. Provisions Relative to Section 3, Judicial Branch. The appro priations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro 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

WEDNESDAY, FEBRUARY 4, 1998

327

Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa
tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 39. Provisions Relative to Section 7, 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 for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Albany
City of Atlanta
City of Warner Robins Bibb County Athens/Clarke County Columbus/Muscogee
County Richmond County Whitfield County Fulton County

Planning and design of Flint
River Center in Albany Downtown Riverfront Master Plan
Operation of Public Access and Teacher Education Programs at Clark Atlanta University
Operating Expenses for the Aviation Museum
Automated Fingerprint and Information System
Automated Fingerprint and Information System
Automated Fingerprint and Information System
Automated Fingerprint and
Information System Automated Fingerprint and
Information System
Economic Project Development Assistance for Fulton County Development Authority

$ 1,447,727

$ 134,000

$

90,000

$ 110,000

$ 110,000

$ 110,000

$ 110,000

$ 110,000

$ 525,000

Section 40. Provisions Relative to Section 10, State Board of Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,952.22. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.

Section 41. Provisions Relative to Section 15, Department of Human Resources. The Department of Human Resources is authorized to calculate all Tempo
rary Assistance to Needy Families benefit payments utilizing a factor of 66.0% of the stan dards of need; such TANF payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

328

JOURNAL OF THE HOUSE,

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts
subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such trans fers shall not require prior budgetary approval.
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 allo cation or 90% of their base year hospital utilization funding (whichever is less) to pur
chase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Section 42. Provisions Relative to Section 21, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

Section 43. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $137.00 per bud geted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1998 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 1998 shall not exceed 8.66%.

Section 44. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are real ized in excess of the amount of such funds contemplated in this Act, the Office of Plan ning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Section 45. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area
Technical Institute and Savannah Regional Technical Institute to State operated institu tions.

Section 46. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

WEDNESDAY, FEBRUARY 4, 1998

329

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that from the appropriation made above for "Specific Grants for Airport Development", specific, mandatory appropriations pursuant to O.C.G.A. 32-2-2(a)(17) are made as follows:

Recipient

Purpose

Amount

Sumter County
Decatur County
City of Blakely
City of Blairsville
Calhoun-Gordon County Airport Authority
West Georgia Regional Airport Authority
Habersham County
City of Covington
City of Dalton
City of Douglas
Laurens County
City of Eastman

Improvements to Souther Field Airport
Improvements to Decatur Industrial Airpark
Improvements to Early County Airport
Improvements to Blairsville Municipal Airport
Improvements to Tom B. David Airport
Improvements to West Georgia Regional Airport
Improvements to Habersham County Airport
Improvements to Covington Municipal Airport
Improvements to Dalton Municipal Airport
Improvements to Douglas Municipal Airport
Improvements to W. H. "Bud" Baron Airport
Improvements to Heart of Georgia Regional Airport

$ 2,051,625 $ 724,200
1,691,250 3,000,000 1,907,175
666,180 3,423,375 1,830,150
506,400 2,104,500
366,375 $ 3,296,127

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JOURNAL OF THE HOUSE,

City of Gainesville Wayne County City of LaGrange City of Louisville Baldwin County Newnan-Coweta County
Airport Authority Floyd County City of Statesboro City of Thomaston City of Thomasville City of Thomson Tift County City of Vidalia Ware County Barrow County Airport
Authority

Improvements to Lee Gilmer Memorial Airport
Improvements to Jesup-Wayne County Airport
Improvements to LaGrangeCallaway Airport
Improvements to Louisville
Municipal Airport Improvements to Baldwin
County Airport
Improvements to NewnanCoweta County Airport
Improvements to Richard B. Russell Airport
Improvements to Statesboro
Municipal Airport Improvements to Upson
County Airport
Improvements to Thomasville Municipal
Improvements to ThomsonMcDuffie County Airport
Improvements to Henry Tift Myere Airport
Improvements to Vidalia
Municipal Airport Improvements to Ware County
Airport
Improvements to Barrow County Airport

$ 2,306,250

$ 635,250

$

30,000

$ 1,683,750

$ 1,669,500

$ 952,800

$ 187,500

$ 791,250

$ 987,750

$ 247,500

$ 993,750

$ 576,000

$ 1,072,268

$ 972,825

$ 326,250

Section 47. In addition to all other appropriations for the State fiscal year ending June 30, 1997, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,348,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.

Section 48. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members

WEDNESDAY, FEBRUARY 4, 1998

331

of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 49. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 50. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 51. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 52. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made hi each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 53. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained hi the Budget Report submitted to the General Assembly at the 1998 Regular Session, except as provided, however, the Director of the Budget is autho rized to make internal transfers within a budget unit between objects, programs and activi ties 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 appropria tion of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

332

JOURNAL OF THE HOUSE,

(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 54. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 55. Salary Adjustments. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a general salary adjustment of 0% to 7% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997 (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 general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997 (proposed salary adjustments are contingent on an employee's receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 4% for each state official (excluding members of the General Assem bly) 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, 1997. 4.) 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, 1997. 5.) 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, 1997. 6.) To pro vide 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, 1997. 7.) In addition to the general salary adjustment in item 1, to provide for an addi tional 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, 1997, such that the total increase on an annualized basis is 6 percent. 8.) 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, 1997 for non-academic per sonnel and of September 1, 1997 for academic personnel. 9.) In addition to the general sal ary adjustment in item 1 above, to provide a 5% conditional salary supplement for incumbents in the Correctional Officer job class series working in high mission (security level V and VI) institutions, with the amount of the appropriation for this purpose deter mined according to an effective date of October 1, 1997. 10.) In addition to the general salary adjustment in item 1 above, to provide a 5% in-range salary adjustment for Depart ment of Corrections' food service and maintenance workers directly supervising inmates, with the amount of the appropriation for this purpose determined according to an effective
date of October 1, 1997. 11.) In addition to the general salary adjustment in item 1 above,

WEDNESDAY, FEBRUARY 4, 1998

333

to provide a salary adjustment for administrative law judges in the Office of State Admin istrative Hearings, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. 12.) In addition to the general salary adjustment in item 1 above, to provide in-range salary adjustments and an additional 5%
criteria-based in-range salary adjustment for Peace Officer Standards and Training certi fied personnel in the Juvenile Correctional Officer job class series within the Department of Juvenile Justice, with the amount of the appropriation for this purpose determined
according to an effective date of October 1, 1997.

Section 56. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1998

$ 12,361,326,273

Section 57. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 58. All laws and parts of law in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL

To amend an Act providing for the State Fiscal Year 1997-1998 known as the "Gen eral Appropriations Act", approved April 24, 1997 (Ga. L. 1997, p, 1101), so as to change certain appropriations for the State Fiscal Year 1997-1998; 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:

Section 1. An Act providing appropriations for the State Fiscal Year 1997-1998, as amended, known as the "General Appropriations Act" approved April 24, 1997 (Ga. L. 1997, p. 1101), is further amended by striking everything following the enacting clause
through Section 61, 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, 1997, and ending June 30, 1998, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $11,118,625,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1998.

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.....................................................................................?

27.168.900 14,406,206 3,978,935 2,607,235
100,000 7,000 0
519,200 260,000 763,000
5,000 650,500 130,230
2,503,794 105,000

334

JOURNAL OF THE HOUSE,

Expense Reimbursement Account................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................*

1.132,800 27,168,900 27,168,900

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

4,398,770 740,357
1.196.674 6,335,801

4,398,770 740,357
1.196.674 6,335,801

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

10,737,419 579,469
1.471,096 12,787,984

10,737,419 579,469
1.471.096 12,787,984

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

$

2,908,271

2,075,165

994,253

1,671,664

$

395,762

8,045,115

2,908,271 2,075,165
994,253 1,671,664

$

395.762

8,045,115

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 not withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The

WEDNESDAY, FEBRUARY 4, 1998

335

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....................................................................!

20,214.774 17,079,652
659,390 575,000 118,374 15,000 908,710 43,000 636,110 179,538 20,214,774 20,214,774

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....................................................................!

91,324.910 12,819,251 75,243,954
2,505,947 1,624,344
38,000
300,000 700.000 93,231,496
91,324,910

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

$

6,879,503

$

8,045,875

$

35,689,730

!

30,917,900

$

1,209,812

$

783,635

$

2,701,140

$

166,364

$

4,284,487

$

2,294,186

$

258,864

!

93,231,496

!

6,229,503

!

7,995,875

!

35,615,730

!

29,864,584

!

1,209,812

!

783,635

!

2,621,870

!

166,364

$

4,284,487

!

2,294,186

$

258.864

!

91,324,910

Section 4. Department of Administrative Services.

336

JOURNAL OF THE HOUSE,

A. Budget Unit: Department of Administrative Services.....................................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense .................................................$ Utilities.............................................................................................! Payments to DOAS Fiscal Administration.................................! Direct Payments to Georgia Building
Authority for Capital Outlay.....................................................! Direct Payments to Georgia Building
Authority for Operations............................................................! Telephone Billings..........................................................................! Radio Billings..................................................................................! Materials for Resale........................................................................! Public Safety Officers Indemnity Fund......................................! Health Planning Review Board Operations................................! Payments to Aviation Hall of Fame............................................! Payments to Golf Hall of Fame....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

48.571.307 52,274,607 14,772,359
500,371 812,834 2,301,544 13,975,611 3,567,350 3,852,727 3,544,715 11,129,891
0 2,974,797
4,258,637
566,806 60,913,800
1,154,406 20,039,840
700,000 85,000 48,500 85,000 197,558,795 48,571,307

Departmental Functional Budgets

Total Funds

State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

14,573,997 9,832,273 31,659,290 135,265,763
667,364 1,524,951
4.035.157 197,558,795

7,461,671 4,448,172
0 32,437,569
667,364 192,372
3.364.159 48,571,307

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 23,054,408 13,560,189
12,000 200,000 196,800 110,100 15,071 228,970 405,000
0 0 0 0 37,782,538 0

WEDNESDAY, FEBRUARY 4,1998

337

Departmental Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance
Security Van Pool Sales Administration Roofing Facilities Program Total

$

1,452,327

$

0

$

5,507,049

$

0

$

4,297,686

$

0

$

7,229,140

$

0

$

381,939

$

0

$

4,234,456

$

0

$

13,605,661

$

0

$

370,657

$

0

$

703,623

$

0

$

37,782,538

$

0

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture .................................,....$
....$
Regular Operating Expenses .........................................................$ Travel............................................................................................ ....$
....$ .,..$
Computer Charges........... ................................................................$ Real Estate Rentals ........................................................................$
....$
....$
Market Bulletin Postage ............................................................ ....$
Payments to Athens and Tifton Veterinary ....$
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood,
Statesboro, Carroll, Macon, Mitchell, and ....$
Veterinary Fees.................. .......................................................... ....$ ....$
....$
Payments to Georgia Agrirama Development ....$
....$
Renovation, Construction, Repairs and Maintenance Projects at Major and ,...$
Capital Outlay .................................................................................$ Contract - Federation of Southern
....$
$
Total Funds Budgeted....................................................................$ State Funds Budgeted................................................................ ....$

37.982.863 32,369,566 4,449,644
959,745 302,000 448,115 670,430 814,475 412,585 951,396 1,046,000
3,093,546
2,911,440 275,000 60,000 175,000
735,704 0
0 0
40,000 0
49,714,646 37,982,853

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces

$

8,179,810

$

16,194,493

$

6,393,875

$

6,599,695

$

3,671,579

$

8,092,956

$

7,398,810

$

13,062,358

$

2,718,875

$

6,412,195

$

3,541,879

$

4,848,736

338

JOURNAL OF THE HOUSE,

Seed Technology Total

582.238 49,714,646

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....................................................................?

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.......................................................................?
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...............................................................?
Local Development Fund...............................................................? Payments to Music Hall of Fame Authority..............................?
Payment to State Housing Trust Fund.......................................? Payments to Sports Hall of Fame................................................?

0 37,982,853
0 938,623 201,667
4,000 0
5,560 7,500
0 7,500 44,500 178,867 120,000 1,508,217
0
9.523.070 7,838,930
437,094 400,000 112,380
7,464 277,112 364,290 73,000 12.800 9,523,070 9,523,070
38.712.702 6,260,169
335,591 175,696
0 1,368 488,430 247,564 132,424 82,110
2,063,100 11,579,627
133,355
30,000,000
2,434,250
2,814,244 650,000
1,113,812 4,531,250
937,868

WEDNESDAY, FEBRUARY 4, 1998

339

Regional Economic Business Assistance Grants ........................................................................$
Local Government Efficiency Grant Program............................$
State Commission on National and Community Service...........................................................................................?
EZ/EC Administration ...................................................................$
Regional Assistance Program ........................................................? Total Funds Budgeted....................................................................?
State Funds Budgeted....................................................................?

5,500,000 0
308,272 199,024 1.250.000 71,238,154 38,712,702

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning Information and
Management Division
Business and Financial Assistance Division
Housing Finance Division Administrative Division
Rental Assistance Division Total

$

1,727,464

$

6,155,239

$

39,076,556

$

0

$

24,278,895

$

0

$

71,238,154

$

1,727,464

$

5,980,711

$

8,002,999

$

0

$

23,001,528

$

0

$

38,712,702

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
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....................................................................?

700.029.028 497,484,504 60,038,119
2,237,021 1,280,920 3,533,387 5,777,354 6,002,776 6,837,979 6,521,239
0 22,365,907 1,200,000 16,777,319 9,532,184
0 1,093,624
4,059,700
1,576,000 477,160
1,300,000 71,075,480
66,620
366,244 894.000 720,497,537 450,000
0 700,029,028

340

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration Human Resources Field Probation Facilities
Total

15,010,373 51,214,918 14,019,558 61,401,109
578.851.579 720,497,537

14,653,373 48,989,399 14,019,558 60,921,109 561.445.589 700,029,028

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....................................................................!

44.929.713
35,062,129 1,614,750
542,000 23,000 194,424
591,200 2,785,000
930,000 2,293,650
868,560 25.000 44,929,713 44,929,713

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....................................................................!

4.989.144 10,589,217
7,614,572 38,375 0
20,000 40,225 24,400
41,225 470,200
0
18,838,214 4,989,144

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

1,613,393
5,553,809 11.671.012 18,838,214

1,412,701 602,799
2.973.644 4,989,144

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...........................................................................!

4.506.634.237
35,653,456 6,801,474 1,066,510
39,279 108,465 8,825,662

WEDNESDAY, FEBRUARY 4, 1998
Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................$ Capital Outlay .................................................................................$ QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................$ Grades 4 - 8......................................................................................$ Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education Laboratories ..............................................$ Special Education............................................................................! Gifted................................................................................................$ Remedial Education........................................................................! Staff Development and Professional
Development................................................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Local Fair Share..............................................................................! Mid-Term Adjustment Reserve....................................................! Teacher Salary Schedule Adjustment..........................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance...................................................! Middle School Incentive................................................................! Special Education Low - Incidence Grants.................................! Limited English-Speaking Students Program............................! Non-QBE Grants: Education of Children of Low-Income Families ........................$ Retirement (H.B. 272 and H.B. 1321) .........................................$ Instructional Services for the Handicapped ...............................$ Tuition for the Multi-Handicapped.............................................! Severely Emotionally Disturbed...................................................! School Lunch (Federal) ..................................................................$ School Lunch (State)......................................................................! Supervision and Assessment of Students and
Beginning Teachers and Performance-Based Certification..................................................................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................! High School Program .....................................................................$ Special Education in State Institutions.......................................! Governor's Scholarships.................................................................! Counselors........................................................................................! Vocational Research and Curriculum ........................................,,! Even Start........................................................................................! State and Local Education Improvement...................................! PSAT Exams....................................................................................! Accounting, Management and Student Information System....................................................................!
Student Record................................................................................! Child Care Lunch Program (Federal)..........................................!
Chapter II - Block Grant Flow Through.....................................!
Payment of Federal Funds to Board of

341
1,362,627 1,248,850 24,017,762
793,952 0
1,087,229,681 921,117,189 376,283,741 187,374,816 122,022,070 438,067,665 69,771,250 99,733,473
35,394,416 114,193,981 727,527,989 144,838,830 (668,034,272) 78,577,895
0
168,134,386 3,717,891 27,736,019
104,583,661 87,109,283
563,759 18,078,796
164,747,346 5,408,750 73,012,113 2,210,804 45,900,747
188,375,722 32,038,845
1,491,147 10,389,180 3,568,830 24,974,476 3,644,659 4,600,000 11,524,998
301,207 2,720,906 4,552,565
756,500
11,321,870 922,356
29,829,742 9,663,513

342

JOURNAL OF THE HOUSE,

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....................................................................!

16,901,918 601,772
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895
273,723
99,047,892 17,754,530 1,250,000 1,608,000
382,597 4,340,000 1,689,931 13,191,644
100,000 6,694,000
500,000 45,000 15,401,836 274,395 5,060,673,401 340,000 4,506,634,237

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

10,108,626 19,898,109 1,124,597 5,310,732 6,776,777 17,059,279 1,090,100 4,981,105,364 5,554,282 4,623,900 5,280,626 2.741.009 5,060,673,401

8,648,432 14,918,586 1,047,008 5,310,732
392,542 15,748,475 1,090,100 4,444,250,472 5,193,601
4,384,804
4,799,884 849.601
4,506,634,237

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.................................................................! Fort Discovery National Science Center .....................................$ Financial and Management Equipment ......................................$ Computers in the Classroom.........................................................!

357.232.088 210,179,348
0 2,000,000
500,000 689,836
0 0 100,016,973 2,100,000 1,100,000 3,804,500 36.841.431

WEDNESDAY, FEBRUARY 4, 1998

343

Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

357,232,088 357,232,088

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 2,124,047
260,600
18,000 0
65,105 654,663 322,438
63,315 1,331,650
0 4,839,818
0

Section 13. Forestry Commission.
Budget Unit: Forestry Commission ....................................................$ Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Ware County Grant........................................................................! Ware County Grant for Southern Forest World........................! Ware County Grant for Road Maintenance ...............................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

34.986.218
29,108,768 5,636,892
161,926 668,913
1,598,518 323,000 21,420 925,319
1,161,403 0
28,500 60,000 241.752 39,936,411
34,986,218

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

1,859,526 33,896,376
4.180.509 39,936,411

!

25,710

!

30,948,154

4.012.354 34,986,218

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 .................................................................................$

48.326.166 37,198,120 4,488,436
478,225 294,000 630,490 640,355 2,086,425 1,103,470 922,645 484,000
0

344

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

48,326,166 48,326,166

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

4,324,259 24,306,898 8,296,824 11.398.185 48,326,166

$

4,324,259

24,306,898

8,296,824

11.398.185

48,326,166

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....................................................................?

30.616.017 15,352,586
943,322 236,064
0 60,408 830,700 996,718 495,706 4,311,892 3,354,364 40,000 3,160,000 156,750 3,900,000 241,500 175,000
0 276,426 1,499,100 100,000 684,400 1,085,968
0 57.000 37,957,904 30,616,017

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

?

6,711,114

?

983,071

?

8,125,886

?

5,105,637

?

3,317,635

?

711,123

?

1,250,197

?

2,253,846

?

311,207

?

4,041,774

?

6,711,114

?

819,125

?

8,125,886

?

4,502,137

?

3,216,635

?

711,123

?

310,878

?

554,846

?

311,207

?

4,041,774

WEDNESDAY, FEBRUARY 4, 1998

345

Georgia Emergency Management Agency
Governor's Commission for the Privatization of Government Services
Total

4,983,374
163,040 37,957,904

1,148,252
163.040 30,616,017

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....................................................................!

1.161.129,123
60,049,842 2,433,191 1,522,191 1,573,678
106,130 4,778,651 7,068,171 7,115,683
867,947 284,000 46,486,389 45,326,453 89,214 923,452 17,942,073 927.901 197,494,966 412,600 116,253,657

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Office of Panning and
Budget Services Office of Adoption Children's Community Based
Initiative Troubled Children'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

1,037,742
4,057,233 1,191,996
5,508,295 46,486,389 34,883,964 5,509,616
576,110 2,877,638 10,290,048 6,435,216 8,470,765 1,888,006 3,492,190
0 1,179,800 60,148,463 1,804,142 1.657.353 197,494,966

!

1,037,742

4,057,233 1,168,246

5,133,295 33,335,726 21,240,810 4,255,620

566,110 2,752,638 4,587,256 2,317,156 6,645,750 1,888,006 3,492,190 (9,965,749) 1,179,800 30,788,522 1,724,142
49.164
116,253,657

2. Public Health Budget:

346

JOURNAL OF THE HOUSE,

Personal Services.............................................................................?
Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................?
Telecommunications.......................................................................? 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....................................................................?

48,755,563 74,476,798
802,414 0
195,367 1,413,650 4,313,697 1,682,597 1,218,661
280,732 14,873,765 132,073,686
34,500 106,097 4.580.555 284,808,082 549,718 154,745,867

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack
Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization 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 Health Management AIDS

12,801,257 1,375,269 1,573,141
2,292,312 4,192,592
5,246,146 2,494,184 10,881,359
83,435,710 68,422,827 13,258,839 3,256,364 1,467,688
697,961 1,043,235 6,165,832
863,506 1,190,809 2,523,376
376,294 569,046 4,974,431 1,328,484 357,718 263,191 2,025,699 2,736,633 1,400,306 6,358,148 278,580 9,458,842

12,671,582 1,160,438 1,250,966
1,179,700 3,418,773
5,134,146 494,026
5,854,042
0 67,292,789 6,482,532 1,907,651
1,364,601 442,425 0
4,717,392 685,576 710,584
1,080,501 376,294 569,046
4,974,431 1,074,293
206,580 263,191 1,779,342 2,513,815
888,433
6,088,148 278,580
5,248,958

WEDNESDAY, FEBRUARY 4, 1998

347

Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect
Cost Total

7,843,045 3,286,750 7,167,155
177,138 13,024,215
0 284,808,082

0 2,530,130 2,743,551
159,641 10,739,428
(1.535,718) 154,745,867

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....................................................................................? Special Purpose Contracts .............................................................$ Purchase of Services Contracts.....................................................$ Institutional Repairs and Maintenance .......................................$ Utilities .............................................................................................$ Postage..............................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................?

80,070,234 11,635,180 I,402,054
50,582 751,574 4,117,555 7,855,273 2,990,069 2,043,183 29,330,191 685,245 II,601,562 255,000 859,650 823.675 154,471,027 100,000 24,012,698

Departmental Functional Budgets

Total Funds

State Funds

Vocational Rehabilitation Services Independent Living Employment Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

61,115,620 718,949 566,005
10,185,272 4,081,230
694,540 38,737,780 12,600,070 25.771.561 154,471,027

12,024,237 283,969 566,005
3,630,422 1,237,275
694,540 0
867,699 4.708.551 24,012,698

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 ......................................................?

46,034,209 4,654,700 1,139,360
0 383,289 3,722,619 23,986,982 29,594,569 10,099,417 3,086,607 306,399,952 6,579,933 233,807,247 27,366,239

348

JOURNAL OF THE HOUSE,

Postage......................................................... Grants to County DFACS - Operations.
Total Funds Budgeted............................... Indirect DOAS Services Funding ............ State Funds Budgeted...............................

...$

2,774,054

...$

312.672.138

...$

1,012,301,315

2,565,582

357,015,947

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 Temporary Assistance for Needy
Families SSI - Supplemental Benefits
Refugee Programs Energy Benefits
County DFACS Operations Eligibility
County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration
County DFACS Operations Employability Program
Employability Benefits Legal Services Family Foster Care Institutional Foster Care
Specialized Foster Care Adoption Supplement Prevention of Foster Care
Day Care Special Projects Children's Trust Fund
Indirect Cost Total

513,508 3,623,110 3,284,424 3,927,362 10,824,372 1,076,242 2,704,799 30,788,253 1,475,648 70,691,121
296,109,390 I,122,012 2,799,420 7,223,130
117,561,676
96,752,523 3,190,752
8,333,523
68,037,925
21,986,491 40,557,515 4,290,503 31,595,512 9,900,790 5,146,142 17,361,167 II,544,785 133,320,622 3,471,991 3,086,607
0 1,012,301,315

513,508 3,125,801 3,024,181 3,927,362
543,999 1,076,242 1,699,008 13,048,816 1,475,648 11,335,403
68,100,070 1,122,012
0 0
58,036,963
36,560,073 0
2,269,294
33,652,572
8,203,841 16,161,742 2,520,990 20,022,962 7,289,407 4,298,815 13,279,408 9,718,081 38,486,937 3,407,759 3,086,607 (8.971.654) 357,015,947

5. 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.............................................

329,892,657

57,247,113

200,000

...$

11,532,133

...$

2,127,790

301.922.286

702,921,979

WEDNESDAY, FEBRUARY 4, 1998

349

Indirect DOAS Services Funding. State Funds Budgeted....................

2,404,100 509,100,954

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at
Augusta Northwest Regional Hospital at
Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and
Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

40,137,188 24,432,255 23,366,723
18,512,863
25,479,493
29,806,305 123,988,361
18,835,886
53,299,515 19,658,931 4,054,089 1,001,456 151,806,959
92,655,734
60,650,585 10,222,668 5.012.968 702,921,979

24,993,159 7,594,141 21,448,921
16,625,971
18,414,834
25,124,023 81,561,732
17,154,565
23,487,815 16,872,692 3,145,154
940,302 145,875,828
61,483,255
33,552,905 6,336,746 4,488.911 509,100,954

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 .......................................................................$ Operating Expenses ........................................................................$ Major Maintenance and Construction.........................................$ Community Services .......................................................................$ 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......................................!

564,802,505 93,199,869 4,866,019
1,824,260 1,436,360 14,032,475 43,224,123 41,382,918 14,229,208 57,247,113 2,127,790 301,922,286 29,330,191 3,086,607 306,399,952 7,829,910 280,293,636 99,168,019 132,073,686
378,714 12,391,783 4,627,278 17,942,073 313,600,039

350

JOURNAL OF THE HOUSE,

Medical Benefits..............................................................................!

4,580,555

Section 17. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ....................................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$
Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Marketing .........................................................................................$ Georgia Ports Authority Lease Rentals.......................................! Foreign Currency Reserve...................................... ........................$ Waterway Development in Georgia..............................................! Lanier Regional Watershed Commission.....................................! Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

20.334.594 10,139,980 1,578,726
387,465 16,200
64,757 199,780
850,559 335,700 1,259,638
191,600
5,486,189
0 0 50,000
0 20,560,594
20,334,594

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning Total

$

8,052,323

3,721,258

1,608,625

5,377,716

1,175,385

625.287

20,560,594

8,052,323 3,721,258
1,608,625 5,151,716 1,175,385
625.287
20,334,594

Section 18. Department of Insurance. Budget Unit: Department of Insurance .............................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review ....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

15.799.353 14,129,498
800,728 534,074
50,000 113,558 199,213
825,294 342,424
638,002
0 17,632,791 15,799,353

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation
Industrial Loans Regulation Fire Safety and Mobile Home
Regulations

$

4,648,088

6,452,227

559,587

5,347,889

4,248,088 6,425,444
559,587
3,941,234

WEDNESDAY, FEBRUARY 4, 1998

351

Special Insurance Fraud Fund Total

625.000 17,632,791

625.000 15,799,353

Section 7. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice ..................................$
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 ......................................................$ Health Services Purchases.............................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

185.488.692 109,418,846 11,449,175
1,201,273 128,000 466,775
438,855
1,884,885 1,191,008 8,503,838
3,338,520
693,989 3,382,927 18,607,910 21,286,552
0 8.997.601 190,990,154 185,488,692

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 Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Georgia Addiction Pregnancy
and Parenting Project Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Total

43,218,670 16,845,327 11,846,291 6,958,284 6,080,217 15,783,704 21,388,553 10,251,761 19,893,065
493,281 1,114,257 21,095,774
50,000 1,766,287
551,431 3,916,725 9.736.527 190,990,154

42,057,861 16,181,815 11,339,861 6,718,800 5,792,658 15,115,614 20,747,712 10,024,761 19,737,213
493,281 1,114,257 20,233,889
50,000 1,766,287
551,431 3,826,725 9.736.527 185,488,692

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.......................................................................!

10.500.998 72,322,396 6,213,740 1,305,910
0 457,047 3,058,815 1,888,123 1,465,339

352

JOURNAL OF THE HOUSE,

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 Budgetcd....................................................................$

60,500,000 3,157,943
0 1,774,079
0 152,143,392 10,500,998

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....................................................................!

13.274.252 12,272,365
688,449 179,322
0 27,686 311,601 856,234 140,424 260,000 147.000 14,883,081 13,274,252

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....................................................................!

1.179.898.640 17,102,396 5,814,019 188,400 0 51,500 42,878,090 765,380 525,000 99,734,768
3,201,018,512 772,500
3,368,850,565 1,179,898,640

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances Systems Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

!

1,823,493

! 3,201,018,512

$

50,348,074

!

2,314,233

!

9,380,394

!

3,854,589

!

5,466,700

!

4,938,853

!

89.705,717

! 3,368,850,565

871,641
1,134,784,429 11,527,182 870,497 3,613,357 1,654,454 2,733,350 2,354,050 21.489.680
1,179,898,640

B. Budget Unit: Indigent Trust Fund.. Per Diem, Fees and Contracts........ Benefits ...............................................

148.828,880 8,200,000
368.962.635

WEDNESDAY, FEBRUARY 4, 1998

353

Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

377,162,635 148,828,880

Section 22. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................! Travel................................................................................................! Equipment........................................................................................! Real Estate Rents ...........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Health Insurance Payments..........................................................! Total Funds Budgeted....................................................................! Other Agency Funds.......................................................................! Agency Assessments........................................................................! Employee and Employer Contributions......................................! Deferred Compensation..................................................................! State Funds Budgeted....................................................................!

300.000 9,209,855 2,498,301
111,100 41,453 866,109 191,288,143 3,412,707 445,820 890.662.994 1,098,536,482 1,162,915 11,153,613 1,085,568,416 351,538 300,000

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Personnel Practices Evaluation
Audits Total

!

3,294,263

!

5,665,972

! 1,085,764,200

3,812,047

!

0

! 1,098,536,482

300,000 0 0 0
0 300,000

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....................................!

102.795.384 74,179,877 13,933,169
582,059 1,446,520 2,004,467 2,378,593 12,558,682 2,972,182 1,273,250
98,600 675,000 1,693,217
878,810
3,088,000
213,750
737,330
350,000 1,300,000
26,250 0
500,000

354

JOURNAL OF THE HOUSE,

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.......................................................!
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....................................................................!

800,000 256,500 1,000,000
0
0 0
170,047 204,642
300,000
0 31,000 7,380,472 6,792,756
2,062,017 100,000 6,000
139,993,190
890,073
2,122,585
2,663,931
1,426,635 200,000
102,795,384

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

4,885,828 2,962,334 2,731,243
39,283,455 2,189,298 36,792,147 50,123,138 1.025.747 139,993,190

4,870,828 2,962,334 2,241,243
17,602,341 2,064,580 31,690,356 40,337,955 1.025.747 102,795,384

B. Budget Unit: Georgia Agricultural Exposition Authority..................................................................!
Personal Services.............................................................................!
Regular Operating Expenses .................................,.......................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................!
Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................!
Telecommunications.......................................................................!

0 2,677,702 1,993,200
25,000
30,000
100,000 20,000
0 50,000

WEDNESDAY, FEBRUARY 4,1998

355

Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................$

695,000
0 5,590,902
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

5,590,902

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....................................................................$

100,628.816
61,941,346 8,005,646
104,095 2,100,000
288,460 3,501,067
28,962 1,944,147
994,000 145,100
0 0 79,052,823 1,650,000 77,402,823

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....................................................................!

18,074,759 1,110,763
54,381
0 47,643 50,000 47,262
270,000 271,500
0 303,651
34,900 2.961.134 23,225,993
0 23,225,993

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services
Field Operations Total

$

19,334,349

$

23,225,993

$

59.718.474

$ 102,278,816

17,834,349 23,225,993 59.568.474 100,628,816

B. Budget Unit: Units Attached for Administrative Purposes Only.,

14.162.878

356

JOURNAL OF THE HOUSE,

Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges.......... .................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,147,049 2,608,334
97,663 0
217,303 153,819 154,997
172,113 524,390 2,425,200
3,536,527 0
18,037,395 14,162,878

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

3,051,769
1,417,555 1,179,198 1,133,947
464,482
10.790.444 18,037,395

327,252
1,417,555 1,089,198 1,023,947
464,482
9.840.444 14,162,878

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....................................................................!

15.110.000 575,000
14.535.000 15,110,000
15,110,000

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....................................................................!

8.482.241 7,389,185
643,921 277,556 204,500 61,826 399,811 330,108 158,378 1.266.590 10,731,875 8,482,241

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation

2,185,724 3,561,341

2,185,724 1,541,099

WEDNESDAY, FEBRUARY 4, 1998

Utilities Total

4.984.810 10,731,875

Section 27. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Personal Services:
Educ., Gen., and Dept. Svcs ..........................................................$ Sponsored Operations.....................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs ..........................................................$ Sponsored Operations.....................................................................$ Special Funding Initiative .............................................................$ Office of Minority Business Enterprise .......................................$ Student Education Enrichment Program....................................$ Forestry Research............................................................................$ Research Consortium......................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

B. Budget Unit: Regents Central Office and Other Organized Activities................................................$
Personal Services: Educ., Gen., and Dept. Svcs ..........................................................$ Sponsored Operations.....................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................$ Fire Ant and Environmental Toxicology Research........................................................................................$ Agricultural Research .....................................................................$ Advanced Technology Development Center/ Economic Development Institute .............................................$ 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 .........................................$ SREBPayments..............................................................................$ Medical Scholarships......................................................................$ Regents Opportunity Grants .........................................................$ Regents Scholarships ......................................................................$ Rental Payments to Georgia Military College............................$ CRT Inc. Contract at Georgia Tech Research Institute .......................................................................$ Direct Payments to the Georgia Public Telecommunications Commission for Operations ..................$ Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income...........................................................................$

357
4.755.418 8,482,241
1.300.669.052
1,346,731,158 204,900,000
332,745,456 146,225,000 19,622,118
1,491,151 351,860 741,611
48,453,064 5.439.000 2,106,700,418 42,000,000 351,125,000 409,866,866 3,039,500 1,300,669,052
183,004,855
278,691,453 70,533,799
128,787,390 42,274,927
0 2,497,965
14,189,218
3,864,204 2,119,378
146,400 7,210,000 6,044,890
0 3,049,004 4,653,750 1,386,882
600,000 200,000 1,273,869
193,815
17.415.057 585,132,001
0 120,273,912

358

JOURNAL OF THE HOUSE,

Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

281,309,734 543,500
183,004,855

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

2,297,115 4,789,005 1,568,456 107,087,281 14,189,218 69,322,582 55,926,738
262,074,410
2,984,133
5,118,005 24,977,456 3,413,908
3,491,531 27.892.163 585,132,001

1,458,968 1,583,372 1,005,675 9,211,977 7,061,177 40,136,393 32,518,352
33,608,599
2,984,133
535,878 24,977,456
0
137,561 27.785.314 183,004,855

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................? Other Funds.....................................................................................! State Funds Budgeted....................................................................!

0 9,906,134 20.071.586 29,977,720 29,977,720
0

D. Budget Unit Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...................................................................................$ Georgia Public Telecommunications Commission .....................$ Internet Connection Initiative ......................................................$ Special Funding Initiatives............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

35,054,422
15,000,000 1,500,000 6,454,422 12.100.000 35,054,422 35,054,422

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..............................................!

103.280.873 60,089,292 5,221,372 1,366,540
120,000 410,048 12,600,530 2,886,194 2,711,370 1,250,237 4,172,795
0

WEDNESDAY, FEBRUARY 4, 1998

359

Motor Vehicle Tags and Decala.... Postage.............................................. Investment for Modernization ......
Total Funds Budgeted.................... Indirect DOAS Services Funding State Funds Budgeted....................

....$

2,642,850

....$

3,506,810

....$

11.681.290

....$

108,659,328

....$

3,845,000

....$

103,280,873

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

$

19,536,656

$

11,243,171

$

11,635,054

$

16,553,073

$

8,174,335

$

17,583,288

$

8,187,047

$

4,959,156

$

4,021,076

$

23,103

$

4,204,944

$

2.538.425

$ 108,659,328

$

19,536,656

$

11,093,171

$

10,619,854

$

16,413,073

$

7,874,335

$

16,283,288

$

8,187,047

$

3,225,701

$

3,921,076

$

23,103

$

3,565,144

$

2.538.425

$ 103,280,873

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....................

....$

29.047.000

....$

18,042,115

....$

3,156,655

....$

239,500

....$

135,019

....$

89,990

....$

2,789,487

....$

2,402,255

....$

845,850

....$

1,726,594

....$

664.535

....$

30,092,000

....$

29,047,000

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

$

3,869,578

$

4,822,902

$

4,553,807

$

4,629,248

$

1,195,085

$

387,907

$

10,532,499

$

100.974

$

30,092,000

$

3,839,578

$

4,747,902

$

3,783,807

$

4,609,248

$

1,195,085

$

387,907

$

10,382,499

$

100,974

$

29,047,000

B. Budget Unit: Real Estate Commission .........................................$

Personal Services.............................

....$

Regular Operating Expenses .........

....$

Travel................................................

....$

Motor Vehicle Purchases ...............

....$

Equipment........................................

....$

2.235.046
1,344,466 167,500
15,000 25,000 9,630

360

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

333,150 165,300 42,000 133.000
2,235,046 2,235,046

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

2,235,046

$

2,275,046

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....................................................................!

2,132.890 1,277,680
241,858 38,568 13,078 11,669 45,776 106,062 36,576 549,905 174.418 2,495,590 2,132,890

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....................................................................!

34.167.303 444,058 15,000 16,000 17,000 3,100 13,822 40,000 12,000 50,000 0
4,739,075 26,264,000 1,221,380
86,000 337,500 100,000 808,368
0 34,167,303 34,167,303

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary

33,556,323

33,556,323

WEDNESDAY, FEBRUARY 4, 1998

Education Commission Total

610.980 34,167,303

B. Budget Unit: Lottery for Education..............................................? HOPE Financial Aid - Tuition .....................................................$ HOPE Financial Aid - Books........................................................? HOPE Financial Aid - Fees...........................................................$ Tuition Equalization Grants .........................................................? Hope Scholarships - Private Colleges ........,.................................$ Georgia Military College Scholarship ..........................................$ LEPD Scholarship ..........................................................................$ Teacher Scholarships......................................................................$ Promise Scholarships......................................................................? Engineer Scholarships....................................................................? Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................?

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....................................................................?

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....................................................................?

361
610,980 34,167,303
204.195.380 95,910,165 26,643,606 20,946,256 21,051,971 27,180,000
640,200 249,736 10,000,000 1,003,446 670.000 204,195,380 204,195,380
4.070.000 5,544,716
378,425 20,500 0 14,300 815,736 518,566 190,302 335,650
3,750,000 320.000
11,888,195 4,070,000
236.440.565 5,632,485 596,890 161,380 0 187,271 653,288 794,575 912,165 129,033 14,608,836 16,098,788 1,062,342 5,689,075 0
172,937,986 48,866,744 6,137,718 18,962,976
3,584,407 10.030.398 307,046,357

362

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

236,440,565

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

9,067,087

$ 297.979.270

$ 307,046,357

$

5,983,437

! 230.457.128

$ 236,440,565

B. Budget Unit: Lottery for Education..............................................$
Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................$
Capital Outlay - Technical Institute SateUite Facilities.......................................................................-!
Equipment-Technical Institutes ...................................................$
Repairs and Renovations - Technical Institutes.......................................................................................!
Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

5.441.500
1,040,000
0 4,401,500
0 5,441,500 5,441,500

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........................................! Special Airport Development Program........................................! Mass Transit Grants.......................................................................! Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................!
Contracts with the Georgia Rail Passenger Authority......................................................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

606.572,083 252,148,343 58,974,281
1,894,091 2,000,000 7,011,553 8,399,287 1,341,373 2,769,833 38,764,367 802,982,528
1,001,874 1,239,992 35,000,000 10,942,422
780,000
4.550.000 1,229,799,944
606,572,083

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

886,176,749 244,240,628 12,932,803 29.093.905 1,172,444,085

287,175,190 231,816,643
12,372,803 28.310.230 559,674,866

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways

0 1,871,114 54,704,745

0 1,451,103 44,666,114

WEDNESDAY, FEBRUARY 4, 1998

363

Activities Total

780.000 57,355,859

780.000 46,897,217

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 ......................................................$ Capital Outlay .................................................................................$ Operating Expense/Payments to Medical College
of Georgia.....................................................................................! Regular Operating Expenses for Projects and
Insurance ......................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

20.481.548 5,156,689
180,263 92,245
0 201,495 20,400 248,700 67,500 14,158,810 686,260
7,420,422
498.100 28,730,884 20,481,548

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

21,259,462 7.471.422 28,730,884

15,548,518 4.933.030 20,481,548

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....................................................................!

10.918.457 8,826,969
407,287 111,345
0 5,160 315,919 1,079,835 166,902 195,040
0 11,108,457 10,918,457

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)...................................................!
!

546,375,563 35.000.000 581,375,563

B. Budget Unit: State of Georgia General Obligation
Debt Sinking Fund State General Funds (New)...........................................................! Motor Fuel Tax Funds (New).......................................................!
!

20,462,031 0
20,462,031

Section 38. Provisions Relative to Section 3, Judicial Branch. The appro priations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme

364

JOURNAL OF THE HOUSE,

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 Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State
Court Judges.

Section 39. Provisions Relative to Section 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 Adminis trative 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", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Warner Robins City of Atlanta Whitfield County Richmond County Bibb County Muscogee County

Operating Funds for the Aviation Museum
Clark Atlanta University's Public Access and Teacher Education Program
Funds for Automated Fingerprint and Information System in Whitfield County
Funds for Automated Fingerprint and Information System in Richmond County
Funds for Automated Fingerprint and Information System in Bibb County
Funds for Automated Fingerprint and Information System in Muscogee County

$ 90,000 $ 325,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000

WEDNESDAY, FEBRUARY 4, 1998

Clark County
Fulton County
City of Albany Effingham County Board
of Education Cobb County Cobb County
Cobb County City of Lilburn
City of Jeffersonville
Jones County Jefferson County
DeKalb County Fulton County
City of Quitman
Echols County Board of Education
City of Kennesaw
City of Pearson
City of Willacoochee
City of Clarkston City of Warner
Robins
DeKalb County
Tattnall County Board of Education
Pike County
Newton County
Fulton County
DeKalb County
DeKalb County Murray County

Funds for Automated Fingerprint and Information System in Clark County
Funds for Fulton County Development Authority for a business assistance project
Funds for the planning and design of the Flint River Center
Media Centers for Effingham County School System
For Campbell High School athletic facility
Computer Equipment for King Springs Elementary
Operation of the Blind and Low Vision Program
Park improvements for the City of Lilburn
Improvements to City of Jeffersonville facilities
Equipment for the Jones County Fire Department
Purchase computers for Jefferson County Sheriffs Department
Operating Funds for Southwest YMCA
Operation of St. Judes Recovery Center
Improvements to City of Quitman City Park
Repairs to Echols County High School gymnasium
Improvements to baseball stadium in City of Kennesaw
Improvements to City of Pearson Recreational Facilities
Improvements to Willacoochee City Hall
Repairs to Clarkston City Hall Mission Quest Flight Simulator
Center at the Museum of Aviation For Georgia Women's History Study Operation of Tattnall County Health Outreach Program Construction of tennis courts for Pike County Purchase recreation equipment for Newton County Operation of Fulton County Horticulture Program
Operation of South DeKalb
Business Incubator
Operation of South DeKalb Choir
Construction of Murray County
Animal Shelter

365
$ 110,000
$ 525,000 $ 1,447,727 $ 40,000 $ 5,000 $ 15,000 $ 5,000 $ 10,000 $ 20,000 $ 20,000 $ 20,000 $ 30,000 $ 25,000 $ 30,000 $ 20,000 $ 20,000 $ 7,500 $ 7,500 $ 10,000
$ 350,000 $ 25,000 $ 10,000 $ 25,000 $ 5,000 $ 10,000 $ 10,000 $ 5,000
15,000

366
Columbia County
McDuffie County
Henry County Atlanta-Fulton Public
Library Foundation
DeKalb County
Gwinnett County
Troup County Coweta County
City of Tignall
Fulton County Hall County
Cobb County Board of Education
Bacon County City of Tybee City of Berlin
Macon County
Gwinnett County Board of Education
Wakes County
Clarke County
City of Dalton
Cobb County
City of Kennesaw City of Acworth
Wilkes County Cobb County Board
of Education City of Hazelhurst
City of Augusta
Lamar County
City of Trenton

JOURNAL OF THE HOUSE,
Operation of Columbia County Historical Society
Operation of McDuffie County Historical Society
Paving for Hidden Valley Park Purchase computer equipment and
materials for Roswell Regional Library Operation of the Youth Prevention Program Construction of Fallen Heroes Park Monument Operation of Troup-Harris-Coweta Regional Library Coweta County playground equipment for handicapped children Purchase fire department equipment for City of Tignall Operation of Fulton County Library Foundation - Roswell Operation of Hall County Humane Society Outdoor classroom for Cobb County School System Operation of Bacon County Airport Tybee Island Lighthouse Operating Expenses for the City of Berlin For the Macon County Public Safety and Civil Defense Facility Equipment for Meadowcreek High School Purchase Equipment for Wilkes County EMS For the Clarke Central High School Gym Operation of the Northwest Georgia Girls Home Computer equipment for Pebblebrook High School Renovation of Old Fire Station in recreational facility Renovation of Acworth Coats and Clark Ballfield Wilkes County Airport Development Construction of South Cobb High School Athletic Field House Construct an asphalt recycling plant in Hazelhurst Plan and design of the renovation
of the Warren A. Candler Building
Construct an agricultural livestock facility
Renovation to convert Trenton

7,500 7,500 5,000
20,000 5,000 25,000 5,000
5,000
$ 5,000 $ 20,000 $ 5,000 $ 15,000 $ 5,000 $ 5,000 $ 5,000 $ 7,000 $ 25,000 $ 5,000 $ 20,000 $ 30,000 $ 35,000 $ 10,000 $ 10,000 $ 35,250 $ 75,000 $ 250,000
$ 100,000 $ 300,000

City of Lafayette
Walker County Walker County City of Chickamauga City of Fort
Oglethorpe Murray County
Lumpkin County
Gilmer County Fannin County Rabun County Union County Towns County White County White County City of Fairmont Gordon County
Gordon County
City of Adairsville
City of Cave Spring
City of Bremen City of Buchanan City of Tallapoosa City of Waco Haralson County

WEDNESDAY, FEBRUARY 4, 1998
City pool to indoor pool Construction of bathroom facilities
and recreation improvements for City of Lafayette recreation department Renovation to ball fields for Naomi Community Wallaceville Community Center operations Renovation of park at Crawfish Springs Fort Oglethorpe fire department improvements and community downtown project Remodeling of the Chamber of Commerce Building in City of Chatsworth Construction of natural gas lines to Lumpkin County Industrial Park Restore and microfilm Gilmer County court records Renovate Fannin/Gilmer County Humane Shelter Equipment and operations for Mountain City, Youth and Rescue Recreation concession stand for Union County To Purchase an emergency generator for Towns County Operation of White County Recreation Board Operation of White County Library To purchase frontend loader for City of Fairmont Purchase of van for transport of clients to Gordon County Training Center Calhoun-Gordon County Council on Battered Women, Inc. for repairs and ADA improvements to Battered Women's Shelter Renovations and repairs to the City of Adairsville Police Department Replacement of Cave Spring sewer lines and repairs to water system in Rolator Park Operation of recreation program City of Bremen Operation of recreation program at City of Buchanan Operation of recreation program
at City of Tallapoosa Operation of recreation program
at City of Waco
Operation of recreation program

367 $ 10,000
$ 15,000 $ 10,000 $ 10,000 $ 10,000
$ 10,000
$ 25,000 $ 20,000 $ 25,000 $ 10,000 $ 50,000 $ 15,000 $ 14,000 $ 17,500 $ 6,500 $ 24,000 $ 26,000
$ 10,000
$ 25,000
$ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000

368
Hall County
Stephens County
City of Toccoa
Banks County
Banks County
City of Bowersville
City of Franklin Springs
City of Canon Hart County Board
of Education
Franklin County Board of Education
City of Kingston
City of Smyrna
Cobb County Board of Education
City of Smyrna
Cobb County
City of Marietta
City of Marietta
City of Acworth
City of Kennesaw
City of Kennesaw
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
City of Alpharetta

JOURNAL OF THE HOUSE,
at Haralson County Construction of new shelter for
Hall County Humane Society Operation of Northeast Georgia
Boys and Girls Club Equipment for Police Department
for City of Toccoa Operation/equipment for Banks
County volunteer fire department Equipment for fire and police
departments of Banks County Operation of water system
City of Bowersville Improvements to City of Franklin
Springs water system City of Canon park improvements Purchase of uniforms and equipment
for Hart County High School band Replacement of boiler and equipment for cannery in Franklin County Completion of annex to Kingston Women's Club Museum City of Smyrna for operation of blind/low vision services King Springs Elementary Schoolpurchase computer and technology equipment Restoration and preservation of historical site in Smyrna Operation of Cobb County Youth Museum Marietta Museum of History-repairs to historical building Maintenance plan for ground at Marietta Confederate Cemetery For recreation fields and parking lots at Pop Willis Field in City of Acworth Improvements to railroad crossings in City of Kennesaw Design and renovation of Old Kennesaw Elementary School Construction of outdoor classroom for Blackwell Elementary School Purchase computers for Sprayberry High School Lassiter High School-improvements to restroom facilities in stadium and physical education fields Additional lighting in hallways and
gym for Lassiter High School
Paving at Lassiter High School stadium and girls' softball field
Construction of a building for

15,000 50,000 5,000 15,000 10,000 30,000 10,000 20,000 20,000

20,000

$

5,000

$ 25,000

$ 10,000

$ 15,000 $ 25,000 $ 25,000 $ 10,000 $ 25,000

$ 25,000

$

9,000

$ 20,000

$ 10,000

$ 10,000

$ 10,000 $ 10,000 $ 10,000

City of Alpharetta
Fulton County Schools
Fulton County Fulton County Fulton County City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of East Point DeKalb County City of Clarkston
City of Atlanta
DeKalb County
DeKalb County
DeKalb County Board of Education
DeKalb County Board of Education
City of Decatur
DeKalb County DeKalb County DeKalb County

WEDNESDAY, FEBRUARY 4, 1998
the Alpharetta Environmental Education Center Equipment and renovations for Alpharetta Police Youth Athletic League Renovation and improvements to outdoor environmental education classrooms at Dolvin and Finley Oaks elementary schools Expansion and renovation of the Williams-Payne Museum Operation of Georgia Council for the Hearing Impaired, Inc. Operation of ACHOR Center Operation of Basketball, Inc. after school tutorial program Operation of West Hunter St. Baptist Church after school tutorial and athletics program To operate Beulah Baptist Church Saturday School Tutorial Renovation of House of Hope Mission Operation of Springs of Life Family Life Program To operate City East Point swimming pool Repair of storm water pipes at Zonolite Drive Industrial Park Renovation of Arts and Cultural Center at Old Clarkston High School Renovate facilities, purchase recreation equipment and operate after school tutorial/care at East Atlanta YMCA Repairs for Shoal Creek Park field house and installation of bleachers at Little League Park To assist various DeKalb County communities with beautification clean up To operate the School of Excellence-Star Jacket Awards Program and replace old gym equipment at Columbia High School Purchase of instruments for Towers High School Band To operate Decatur Arts Academy summer programs for middle school youth Feasibility study for DeKalb
County Convention Center Operation of South DeKalb
Community Development Corporation
To operate and equip the
Royal Ambassadors Program

369
$ 25,000
$ 10,000
$ 15,000 $ 15,000 $ 10,000 $ 50,000 $ 40,000 $ 25,000 $ 10,000 $ 40,000 $ 35,000 $ 50,000 $ 20,000
$ 35,000
50,000
$ 18,000
$ 15,000
$ 5,000 $ 5,000
$ 10,000 $ 40,000 $ 5,000 $ 5,000

370
DeKalb County
DeKalb County
Gwinnett County Board of Education
Gwinnett County Board of Education
City of Duluth
City of Buford
Gwinnett County
Gwinnett County
City of Social Circle Clarke County Board
of Education Clarke County Board
of Education Clarke County
City of Athens
Clarke County
Clarke County
City of Tignall
Lincoln County
Wilkes County Board of Education
Lincoln County
Morgan County
Newton County
Newton County
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education

JOURNAL OF THE HOUSE,
Operation of Gresham Park Baseball and Softball Association
To furnish the Comprehensive Addiction Rehabilitation Program medical clinic
Renovation and expansion of Parkview High School Stadium
Operation of Meadowbrook High School athletic fields
Develop and complete recreational fields at Duluth City Park
Grading for new school in City of Buford
Physical education facilities at Lanier Middle School
Operation of North Gwinnett Girls' Softball Field
Renovation at historic Gunter Hall Operation of Safe Campuses
Now Foreign language classes at David
C. Barrow Elementary School To provide a security fence at
Hope Haven facility in Clarke County To operate Project Grand Slam in Clarke County Athens Tutorial Program after school activity Operations of The Creative Visions Foundation, Inc. Repair/renovation of City of Tignall community center Fence/restoration of log cabin in Lincoln County historical park Lighting for Wilkes County High School baseball field Planning for Lincoln County Economic Development Operation of Agricultural Center in Morgan County Renovation to historic Gaither Plantation Designation/operation of Covington/ Newton County as a local welcome center Operating funds for athletic program at Riverdale Middle School To purchase band uniforms at North Clayton High School Playground equipment for Church St Elementary School Playground equipment-Northcutt Elementary School
Operating funds for athletic program and band uniforms for Riverdale High School

25,000

5,000 35,000 25,000 40,000 20,000 15,000 25,000
7,000 40,000 25,000

12,000 5,000 15,000 10,000 5,000 15,000 $ 20,000 $ 20,000 $ 100,000 $ 50,000

$

5,000

$

5,000

$ 10,000

$

5,000

$

5,000

$ 10,000

WEDNESDAY, FEBRUARY 4, 1998

Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County
Clayton County
Carroll County Board of Education
Carroll County Board of Education
Carroll County
Coweta County
City of Newnan
City of McDonough
Henry County
City of Stockbridge
Butts County
City of Flovilla
City of Locust Grove
City of Culloden
Jasper County Board of Education
City of Monticello
Putnam County Recreation Authority
Oglethorpe County
Greene County
City of Harlem

Playground equipment-E.W. Oliver Elementary
Operating funds for athletic program-North Clayton High School
Playground equipment for West Clayton Elementary School
Playground equipment for Riverdale Elementary School
Operating funds for athletic program at North Clayton Middle School
Operation of Alzheimers home in Clayton County
Operations of Calvary Refuge Homeless Shelter
Operations of athletic complex at Villa Rica High School
Operations of athletic complex at Mt. Zion High School
Operations of athletic complex at Carroll County Recreation Department
Purchase of eight defibrillators for Coweta County Fire Department
To restore railroad depot for Newnan-Coweta Historical Society
Infrastructure improvements for stormwater drainage for City of McDonough
Lighting and asphalt paving on tennis courts at Hidden Valley Park
New park facility for City of Stockbridge
Purchase video cameras and radar for Butts County sheriff department
Install emergency generator in City of Flovilla Fire Department
Purchase in-car cameras for patrol cars for City of Locust Grove
Culloden community center/ historic schoolhouse renovation
Jasper County athletic facility renovations and band uniforms
City of Monticello park construction/equipment and downtown historic renovations
Improvements to recreation facilities in Putnam County
Renovation to Shaking Rock
Park
Renovation to historic
Greene County jail
Renovation and beautification to
entrance ways to City of Harlem

371
$ 5,000 $ 10,000 $ 5,000 $ 5,000
$ 5,000 $ 75,000 $ 25,000 $ 10,000 $ 10,000
$ 25,000 $ 20,000 $ 10,000
$ 10,000
$ 10,000 $ 10,000
$ 14,500 $ 20,000
$ 24,000 $ 25,000 $ 30,000
$ 30,000 $ 7,500 $ 7,500 $ 65,000 $ 10,000

372
Columbia County City of Harlem Columbia County Columbia County Columbia County Board
of Education Richmond County Richmond County Board
of Education Richmond County
Richmond County Board of Education
Richmond County Richmond County City of Augusta City of Waynesboro City of Augusta City of Augusta
City of Augusta Richmond County Board
of Education Glascock County Warren County
Glascock County Glascock County
City of Gibson Hancock County City of Sparta Washington County
Jefferson County
Baldwin County

JOURNAL OF THE HOUSE,
Purchase playground equipment for Westmont Elementary School
Purchase equipment for City of Harlem
Lights for Lakeside High School baseball field
Playground equipment for Riverside Park
Landscaping to repair erosion at Bel Air Elementary School
Renovation to marshal's substation Equipment for CSRA Law
Enforcement Training Center Conservation treatment for
sixty-two flags and banners in Augusta-Richmond County Museum Westside High School improvements to field house To build a portico onto the Woodrow Wilson House Operation of Easter Seals in Richmond County Operation of Woodrow Wilson historic home Improve historic/commercial district of City of Waynesboro Operation of health program at Beulah Grove Resource Center Operation of Augusta - Richmond Opportunities Center after school program To construct a recreation complex in east Augusta Purchase playground equipment for Hephzibah Elementary School Operations of the Glascock County recreation department Warren County EMS radio equipment and two external defibrillators Glascock County to purchase radar and intoximeter Purchase two external defibrillators for Glascock County EMS Purchase and equip surplus vehicle for City of Gibson Operate Hancock County recreation programs and summer day camp City of Sparta equipment to lower fire rating Purchase a Washington County fire truck
Purchase of land for a Jefferson County park
Improvements at Baldwin recreation department

$ 5,000 $ 10,000 $ 25,000 $ 25,000 $ 5,000 $ 15,000 $ 5,000
$ 15,000 $ 5,000 $ 5,000 $ 10,000 $ 100,000 $ 50,000 $ 25,000
$ 25,000 $ 50,000 $ 5,000 $ 10,000
$ 10,000 $ 10,000
$ 3,000 $ 10,000 $ 10,000 $ 10,000 $ 40,000 $ 50,000 $ 50,000

Baldwin County Baldwin County City of Jefferson Jones County City of Gordon
Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Peach County
Peach County Meriwether County Meriwether County Muscogee County City of Columbus City of Columbus
Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County
Muscogee County
Muscogee County Muscogee County Muscogee County City of Americus

WEDNESDAY, FEBRUARY 4, 1998
Equipment for new fire station in Baldwin County
Design/construct Milledgeville/ Baldwin County 2000+ project
Develop and plan for addition to Jefferson fire station
Replace fire trucks in Jones County
Renovation/restoration of old railroad depot in City of Gordon
Operations of Disabilities Connection
Operation of Hay House Operation of Middle Ga. Council
on Drugs Operation of Harriet Tubman
Museum Operation of Macon Little League Operation of Booker T. Washington
Center Relocation of waste water lift
station and sewer lines in Peach County Study to determine water and sewer needs of Peach County Operate and equip Meriwether County recreation program Operate/designate FDR/Warm Springs Welcome Center Operation of Project Stars in Talbot County Columbus Community CenterOperation of Outreach Program City of Columbus operation of Play and Learn Together Program Operation of Bridge Program (GED) Operation of Summer Tutorial program combined communities Operation of youth and recreation facility Operation of Easter Seals program Operation of Springer Opera House Operation of Boys Club/ Phoenix City, Inc. outreach program Operation of Columbus Consolidated Government/Records Management Center Operation of Two Thousand
Opportunities Inc. Operation of Liberty Theater
Operation of A.J. McClure YMCA after school program
City of Americus parks renovation

373
$ 25,000 $ 20,000 $ 20,000 $ 20,000
$ 60,000 $ 50,000 $ 30,000
15,000 25,000 15,000 15,000
75,000 25,000 40,000 10,000 25,000
30,000
15,000 25,000 25,000 5,000 40,000 75,000
120,000
$ 110,000 $ 50,000 $ 75,000 $ 25,000 $ 25,000

374
City of Americus
Crisp County
City of Unadffla
City of Hawkinsville
Pulaski County
Macon County Board of Education
Houston County
Bleckley County Board of Education
City of Rentz
Dodge County Board of Education
Bleckley County
Dodge County
City of Rhine
City of Milan
Dodge County
Dodge County Board of Education
Larens County Board of Education
City of East Dublin
City of Dudley
Emanuel County
Emanuel County
City of Kite
Truelten County Board of Education
City of Twin City
City of Swainsboro
City of Wrighteville
Candler County

JOURNAL OF THE HOUSE,
Renovation of Rylander Theater in City of Americus
Repair and renovation of the Cordele Little Theater
Improvement to City of Unadilla wastewater treatment operation
Purchase equipment and computers for Hawkinsville library
Study of consolidation of city/county government in Pulaski County
Funds to address and map Macon County
Operation of Perry/Houston County Airport
Construction of tennis courts in Bleckley County Schools
Water, sewer and land for new schools in City of Rentz
Band uniforms for Dodge County school
Operation of Bleckley County Sheriffs Department
Operation of Eastman/Dodge County Arts Council
Repair to City of Rhine Community Center
Water and sewer for City of Milan
Purchase computer equipment for Dodge County
Construct softball fields for Dodge County schools
Replacement of wrestling mats at East Laurens, West Larens and City of Dublin high schools
Improvements to water and sewer systems in City of East Dublin
Funds to purchase land, water and sewer for City of Dudley
Purchase equipment for library Emanuel County
Improvements to Emanuel County auditorium and recreation complex
Improvements to City of Kite recreation complex
Renovation and improvements to Treutlen County auditorium athletic complex
Improvements to Twin City community center
Renovations to Swainsboro City Hall
Improvements to Wrightsville
recreation complex Metter/Candler community
center - installation of hip roof

$ 75,000 $ 25,000 $ 25,000 $ 10,000
$ 25,000 $ 50,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 7,500 $ 15,000 $ 5,000 $ 5,000 $ 7,500 $ 15,000
$ 25,000 $ 25,000 $ 50,000 $ 10,000 $ 50,000 $ 5,000
$ 10,000 $ 7,500 $ 10,000 $ 7,500 $ 20,000

WEDNESDAY, FEBRUARY 4, 1998

Bullock County City of Statesboro City of Springfield Effingham County Board
of Education Effingham County Effingham County Effingham County Effingham County City of Guyton City of Savannah City of Savannah Town of Thunderbolt City of Savannah City of Savannah City of Savannah City of Savannah City of Pooler
Chatham County City of Savannah City of Savannah
City of Richmond Hill Evans County Board
of Education Tattnall County Board
of Education City of Vidalia
City of Lyons Montgomery County
Wheeler County
Ben Hill County

Construct Mill Creek Park picnic pavilion with restrooms
Operation of Statesboro Bulloch recreation department
Operation of bi-centennial program in City of Springfield
Establish/improve baseball facilities at Effingham County high schools
Renovation/relocation of one-room school house
Purchase an air bag system setup for Faulkville Community
Purchase a handicap-accessible van for Effingham County
Renovations to the Effingham County Courthouse
Renovate the City of Guyton gymnasium
Roof replacement/renovation of King TisdelVBeach Institute
Operations of Chatham/Savannah Youth Services Corp
Purchase fire truck for the Town of Thunderbolt
Restoration of steam locomotive Restoration of Old Charity Hospital Restoration of Moses Jackson School Monument in honor of the
African American Family Renovation/purchase of
recreational equipment for City of Pooler athletic fields To purchase recreation equipment for City of Georgetown Renovation of the Carnegie Library Stabilize and restore structures at Central of Georgia Railway National Landmark Computer hardware for Richmond Hill Public Library Purchase of computer hardware for Claxton Public Library Computer hardware for Glennville Public Library Equip/renovate City of Vidalia recreation fields and playground Equip/renovate Partin Park in City of Lyons Renovate City of Mt. Vernon
and Montgomery County recreation
areas
Equip/renovate Alamo and
Glenwood recreation
Equipment for Ben Hill

375
$ 20,000 $ 58,000 $ 11,000
$ 20,000 $ 5,000 $ 4,000 $ 10,000 $ 20,000 $ 10,000 $ 5,000 $ 25,000 $ 20,000 $ 25,000 $ 10,000 $ 10,000
$ 5,000
$ 5,000 $ 5,000 $ 25,000
$ 25,000 $ 6,000 $ 6,000 $ 6,000
$ 20,000 $ 20,000
$ 15,000 $ 20,000

376
Irwin County Wilcox County
Ben Hill County City of Ocilla Wilcox County
Wilcox County Board of Education
Irwin County Worth County City of Sycamore
City of Warwick Turner County Quitman County Board
of Education Randolph County Board
of Education Calhoun County Board
of Education Clay County Board
of Education Chattahoochee Board
of Education Randolph County
City of Cusseta City of Dawson Marion County Webster County Terrell County City of Balkely
City of Donalsonville Baker County
City of Albany

JOURNAL OF THE HOUSE,
volunteer fire stations Display cabinets for artifacts
at Jeff Davis State Park Museum Operation of Wilcox County
rural fire department at Cedar Creek Softball fields and improvements at Paulk Park Operation of Ocilla little league baseball fields Design/construct lighting for Wilcox County recreation department little league ballpark Purchase vocational equipment for Wilcox County High School Equipment for Irwin County volunteer fire stations Purchase of recreation equipment for Town of Sumner Purchase recreation equipment, land and improvements for City of Sycamore Purchase of recreation equipment Repairs and improvements to Town of Rebecca water system Purchase of equipment for Quitman Community Elementary School Repairs to leaks at Randolph/ Clay Middle School Relocation of exhaust fans in gymnasium at Calhoun Elementary School Purchase furniture, desks and new lab computers for new Clay County Elementary School Purchase media equipment for Chattahoochee County Education Center Purchase vehicles for Randolph County rural public transportation program Well system for City of Cusseta Equip and operate the Community Development office Lighting for Marion County ballfields Expansion of Webster County Agriculture Education Center Hanger construction at Terrell County Airport Renovation of historic theater in Blakely
Renovation of Olive Theater Develop age appropriate children's
program
Operations of SAFEC-Parenting

$ 10,000 $ 15,000
$ 10,000 $ 10,000 $ 15,000

$ 20,000 $ 15,000 $ 10,000 $ 10,000
$ 25,000 $ 10,000 $ 10,000 $ 25,000 $ 20,000

$

9,000

$ 25,000

$ 65,000

11,150 96,000 25,000
30,000
20,000 25,000
10,000 15,000
20,000

Dougherty County City of Baconton City of Doerun Mitchell County Sale City City of Camilla Mitchell County
Mitchell County City of Pelham Tift County City of Norman Park Tift County City of Nashville Cook County City of Nashville City of Enigma City of Sparks City of Lenox Cook County City of Alapaha Coffee County
City of Douglas City of Willacoochee City of Pearson Atkinson County City of Ambrose City of Broxton City of Waycross

WEDNESDAY, FEBRUARY 4, 1998
classes and after school tutorial programs and youth apprenticeship Renovate and repair Easter Seal facility Purchase equipment and computer upgrades Renovation of Doerun City Hall Building Operations of Smart Teens Primary Prevention Program Purchase computer upgrades and office equipment Renovate old gymnasium and tennis courts Construction of shed for fire trucks for Greenwaugh volunteer fire department Install a new water well for Cotton volunteer fire department Upgrade City of Pelham recreation facilities Equipment for Tift County volunteer fire department Equipment for Norman Park volunteer fire department Purchase bullet proof vests and drug dog for Tift County sheriff Construction of sidewalk on West Hull Street Lighting for little league ball fields in Cook County Playground equipment for Memorial Park Repair roof of Senior Citizen Center Installation of street signs in City of Sparks Equipment for rural doctors office owned by City of Lenox Equipment for Alzheimer Day Care Center Street lighting for City of Alapaha Equipment for volunteer fire department and an Oak Park zoning plan in Coffee County Purchase equipment for youth recreational activities Equipment/repairs of athletic fields Equipment/repairs to athletic fields Comprehensive Atkinson County plan Renovations for Ambrose City
Hall & Voting Precinct Renovation and computers for
City Hall and Broxton Police Promotion of City of Waycross,
Ware and Pierce County Tourism

377

$ 20,000 $ 15,000 $ 5,000 $ 20,000 $ 10,000 $ 5,000 $ 25,000

$ 10,000 $ 5,000 $ 25,000 $ 15,000 $ 10,000 $ 10,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 3,000 $ 20,000 $ 3,000 $ 5,000

$ 10,000

$$$$

15,000 3,000 3,000 20,000

$ 10,000

$ 10,000

$ 10,000

378
Ware County Ware County Board
of Education City of Brantley City of Patterson City of Alma Pierce County City of Offerman City of Blackshear Bacon County
Charlton County City of Nahunta City of Hoboken Appling County Board
of Education City of Denton Wayne County
Wayne County Appling County
Development Authority Telfair County Jeff Davis County City of McRae Jeff Davis County Jeff Davis County
Jeff Davis County Board of Education
Jeff Davis County City of Baxley Long County
Wayne County
City of Jesup

JOURNAL OF THE HOUSE,
Funds for recreational programs in Ware County
Pilot program for development of Consumer Economic Education program for K-12
Operation of the City of Brantley Construct T-ball field
in City of Patterson Tree and bush beautification
project City of Alma Operation of Pierce County Lee
Street Resource Center Operating expenses for
City of Offerman Tree and bush beautification project Operation of Alma-Bacon County
Department of Intergovernmental relations St. George Winoker race pond and county beautification project Law enforcement equipment for City of Nahunta Recreation improvements for the City of Hoboken Operation of Alternative School Assistance Operation/equipment for recreation program Operation/equipment for Wayne County Madray Springs Fire Department Operation/equipment for Wayne County K'ville Fire Department Economic development planning Equipment for Telfair County Horse Creek fire department Improvements to the Jeff Davis County Courthouse grounds Improvements to City of McRae City Hall Operation of Jeff Davis County local welcome center Operation of fire department and community center for Snipesville Community Computer networking for Jeff Davis Board of Education Equipment for emergency command vehicle for Jeff Davis County EMS Water and Sewer upgrades for City of Baxley
Law enforcement equipment for Long County
Construction of animal shelter
in Wayne County Downtown Revitilization for

25,000

$$

20,000 10,000

$

5,000

$

5,000

$ 20,000

$

5,000

$

5,000

$ 45,000

$

5,000

$

5,000

$

5,000

$ 15,000

$

5,000

$ 5,000

$ 5,000

$ 10,000

$

5,000

$

5,000

$ 25,000

$

5,000

$ 10,000

$

5,000

$

5,000

$ 25,000

$ 10,000

$ 10,000

WEDNESDAY, FEBRUARY 4, 1998

379

City of Odum

City of Jesup Repair to Odum City fire
department station

$ 10,000 $ 10,000

City of Screven

Repairs to City of Screven sewage facilities

$ 10,000

City of Ludowici Liberty County Liberty County Glynn County

Repair to City of Ludowici back up water facility
Renovation of buildings at Seabrook Village Foundation, Inc.
Operation of Coastal Medical Assistance Clinic
Improvements to Neptune Park in Glynn County

$ 10,000 $ 10,000 $ 10,000 $ 20,000

Glynn County

Repairs to Baldwin Park in Glynn County

$ 20,000

City of St. Marys
City of Hahira Clinch County
Lanier County Board of Education

Purchase equipment for City of St. Marys
Hahira City Hall renovation Equipment for Clinch County
Emergency Management Renovation of field house
for Lanier County

$ 60,000 $ 25,000 $ 10,000 $ 25,000

Lowndes County Chamber of Commerce
Lowndes County
Brooks County Brooks County
Brooks County
Brooks County
Echols County Board of Education
City of Quitman

Lowndes County operations of Drugs Don't Work Program
Purchase police equipment and beautification of historic district of City of Remerton
Equipment and operations Brooks County volunteer fire departments
Brooks County Museum and Cultural Center replacement of roof and other repairs
Replacement of roof and other repairs
Work on the Quitman Recreation Project ball field
Equipment and repair to Echols County High School gymnasium
Quitman recreation project-

$ 10,000
$ 50,000 $ 10,000
$ 15,000 $ 15,000 $ 15,000 $ 15,000

continuation of work on ball field and recreational park

$ 20,000

City of Lake Park

Rescue boat and equipment for volunteer fire department of Lake Park

$ 10,000

City of Social Circle Cobb County

Acquisition and construction of city park including off street parking for City of Social Circle
Restoration of C-130 in Cobb County

$ 25,000 $ 30,000

Fulton County Fulton County

Operation of Georgia Women's History Context Study project
Operation of Coastal Conservation

$ 30,000 $ 25,000

Section 41. Provisions Relative to Section 11, State Board of Education

Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,925.22. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this

Act.

380

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur
ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 16, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such trans fers shall not require prior budgetary approval.
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 allo cation or 90% of their base year hospital utilization funding (whichever is less) to pur chase 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 specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness.
Adjust non-state nursing home reimbursement rates effective April 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reimbursement methodology.

Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $137.00 per bud geted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1998 shall not exceed 12.5%.

WEDNESDAY, FEBRUARY 4, 1998

381

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1998 shall not exceed 8.66%.
Section 45. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are real ized in excess of the amount of such funds contemplated in this Act, the Office of Plan ning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems.
Section 46. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institu tions.
Section 47. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1998, 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

382

JOURNAL OF THE HOUSE,

is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,348,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy

WEDNESDAY, FEBRUARY 4, 1998

383

such deficiency in full and the lease payment constitutes a first charge on all such appro priations.

Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1998 Regular Session, except as provided, however, the Director of the Budget is autho rized to make internal transfers within a budget unit between objects, programs and activi ties 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 appropria tion of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

Principal Amount

Debt Service

A.) Maturities not to exceed two hundred forty months.

384

JOURNAL OF THE HOUSE,

Planning and design of Phase IV of the World Congress Center
Low interest loans fo local governments for water, sewer and wastewater treatment projects
Remediation, removal and replacement of underground and above ground storage tanks
Governor's Road Improvement Program Department of Transportation - raise
dikes in two areas Department of Transportation - phase I
of erosion protection work at Jones Oyster Bed Island Department of Transportation - install underdrain pipes to enhance the drying phase of the disposal areas Rehabilitation of rail lines Purchase of the Omaha to Preston rail line Adult literacy centers in Union, Turner, Bryan, Dodge, Henry and Jeff Davis counties Land acquisition and raise power lines in area 2A in the Savannah harbor Georgia Agricultural Exposition Authority - South Gate development Georgia Agricultural Exposition Authority - mutli-purpose agricultural complex/exhibit and office complex Georgia Agricultural Exposition Authority - roadway improvements and upgrades Construction of a new 150-bed youth development center in Muscogee County

10,530,000 $

900,315

20,000,000

1,710,000

5,000,000 135,000,000
6,500,000

427,500 11,542,500
555,750

5,000,000

427,500

200,000 3,460,000
2,000,000

17,100 295,830
171,000

2,550,000 5,700,000
935,000

218,025 487,350 79,943

7,967,000

681,178

1,000,000 15,000,000

85,500 1,282,500

B.) Maturities not to exceed sixty months.

Feasibility study and project design to deepen the Savannah River channel
Feasibility study and project design phase to deepen the Brunswick channel
Welcome center in Laurens County Bulk cargo ship vacuum system for the
Georgia Ports Authority at Colonel's Island

4,140,000 1,500,000
200,000
1,000,000

956,340 346,500 46,200
231,000

Section 58. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1998

$ 12,380,991,546

Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 60. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

WEDNESDAY, FEBRUARY 4, 1998

385

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1167, 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 1167 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Kaye of the 37th, et al. move to amend the Committee substitute to HB 1167 by removing $227,682,000 in General Obligation Bond projects and by (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section
37, relating to State Fiscal Year 1998 the figure $20,462,031 and by (decreasing) the object classes as listed below:

Object Classes

State General Funds (New)

$

20,462,031

Total Funds Federal Funds/Other State Funds

$

20,462,031

$

20,462,031

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

N Alien NAndenon NAshe N Bailey Y Bannister
NBarfoot N Barnard
NBames Y Bates NBenefield
NBirdsong N Bohannon N Bordeaux N Bradford NBnedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell N Canty NCaah N Channel! NChilders Y Clark YCoan N Coleman, B N Coleman, T N Cornell Y Cooper N Crawford Y Crews

NCulbreth
N Davis, G Y Davis, M
Day N DeLoacb, B YDeLoach, G YOU NDiion NDobbs N Dukes YEhrhart NEpps Y Evans NEverett NFelton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley NHanunontree N Manner N Harbin N Heard NHecht
Heckstall Hegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
N Jackson N James N Jamieson NJenkins N Johnson Y Johnston N Jones
Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord
N Lucas NMaddox NMann N Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton
McKinney Y Mills
N Mobley NMoeley
Mueller NO'Neal
NOrrock NParbam

NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter N Powell NPurceU NRagas NRandall
Ray N Reaves N Reichert YRice Y Richardson
N Roberts N Rogers N Royal
Y Sanders N Sauder N Scarlett YScheid
N Scott N Shanahan NShaw NSherrUl NShipp 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 YSnelliog NSnow
NStalUngs N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper N Thomas NTilhnan Y Titus NTolbert NTrense
Turaquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

386

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 47, nays 123. The amendment was lost.

The following amendment was read:

Representative Stancil of the 16th moves to amend the Committee substitute to HB 1167 by (removing from) the Department of Community Affairs, Section 8, relating to State Fis cal Year 1998 the figure $11,579,627 and by (decreasing) the object classes as listed below:

Object Classes
Local Assistance Grants
Total Funds State Funds

$

11,579,627

11,579,627 11,579,627

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

N Alien N Andersen
NAshe N Bailey
Bannister NBarfoot N Barnard NBaroes Y Bates NBenefield NBMsong NBohannon N Bordeaux N Bradford NBnedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn N Burkhalter NByrd NCampbell N Canty NCaab NChanneU N Guilders Y Clark YCoan NColeman, B NColeman.T NConneU N Cooper N Crawford N Crews

NCulbreth N CunnniiupB N DaTM, G Y Davis, M
Day NDeLoach, B NDeLoach, G
YOU Diion
NDobbs
N Dukes YEhrhart NBpps Y Evans NEverett N Felton NFloyd Y Franklin
N Golden N Graves
NGreene Y Grindley NHammontree N Banner N Harbin
N Heard NHecht
Heckstall Hegstrom NHenson
N Holland N Holmes N Houston N Howard YHudgens
N Hudson, H

N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston
Jones N Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord N Lucas NMaddoz NMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCaU N McClinton
McKinney YMills
Mobley N Mosley
Mueller NO'Neal NOrrock NParham

NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter NPowell NPurceU NRagas NRandaU
Ray N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett YScheid N Scott N Shanahan NShaw NSherrill NShipp NSinu N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 35, nays 130. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre YSnefflng NSnow N Stalling* N Stancil, F Y Stancil, S
Stanley, L N Stanley, P N Stephens NTaytor ETeague NTeper N Thomas NTillman Y Titus N Tolbert NTrense
Turnquest NTwiggs N Walker, L N Walker, R.L N Watson N West Y Westmoreland NWhitaker Y Wiles
Williams, B Y Williams, J N Williams, R YWorthan Y Yates
Murphy, Spin-

The Committee substitute was adopted.

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

WEDNESDAY, FEBRUARY 4, 1998

387

Y Alien Y Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks N Brown YBuck YBuckner YBunn YBurkhalter
YByrd Y Campbell Y Canty YCash Y Channell YChildera N Clark NCoan Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford Y Crews

Y Culbreth Cummings
YDavis, G NDavi., M
Day NDeLoach, B YDeLoach, G YDix
Dizon YDobbs Y Dukes NEhrhart YEpps N Evans YEverett YFelton YFloyd N Franklin
Y Golden Y Graves YGreene
Y Grindley Y Hammontree Y Manner
Y Harbin Y Heard YHecfat
Heckstall Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Nlrvin
Y Jackson Y James Y Jamieson YJenkins
YJohnson Y Johnston Y Jones Y Joyce NKaye NLadd NLakly YLane YLee Y Lewis YLord
Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
NMassey YMcBee YMcCall Y McClinton
YMcKinney N Mills
Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter YPoweU
YPurceU YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson
Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett YScheid Y Scott Y Sbanahan YShaw YSherrill YShipp YSims YSinkfield 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 NSnelling YSnow Y Stalling* Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P Y Stephens YTajrlor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Tumquest
Y Walker, L Y Walker, R.L Y Watson YWest N Westmoreland YWhi taker Y Wiles Y Williams, B Y Williams, J Y Williams, R NWorthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 23.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative DeLoach of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

By unanimous consent, HB 1167 was ordered immediately transmitted to the Senate.

House of Representatives Atlanta, Georgia 30334
2-4-98
While HB 1167 had many good programs, I voted against it because of the addition of $227,000,000 of new debt.
M Bobby Franklin - 39

I voted "no" on the substitute to HB 1167 for the following reasons. The state has a sur plus in revenue and I believe strongly a surplus should be used to either reduce current debt or give the money back to the taxpayers. This bill actually increases our current debt and we have an opportunity to reduce it. Reducing the debt would also save taxpayers money on the interest on the debt, we are currently paying. This substitute bill has added

388

JOURNAL OF THE HOUSE,

about 9 million in spending on pork projects, none of which the Governor originally recom mended in HB 1167. This body does not know the validity of many of these projects. One glaring project is $20,000. for the grading of a new school on Buford. City of Buford just took Gwinnett County for around 14 million dollars and Hall County for another 3 million dollars in a local option education sales tax and the funds are designated for school con struction. Now Buford comes to take from all the taxpayers across this state. It is wrong to fund projects like this over projects that have a much greater level of priority. City of Atlanta is receiving $40,000. for "Operation of Basketball, Inc. after school tutorial pro gram" and several other projects which raise serious constitutionality questions. This bill also includes over 50 projects Governor Miller formerly vetoed last year. This bill increases the state debt by over 220 million more dollars, driving taxpayers further into debt. Funds to fully fund the retirement increase for bus drivers, lunch room workers and janitors just couldn't be found and yet funds for new debt and questionable projects was readily availa ble. There are some good (including the RYDC in Hall) projects in this budget, but I am voting to send it back to committee and prioritize our spending.
(Dist. 21) State Rep. James Mills

House of Representatives Legislative Office Building, Room 411
Atlanta, Georgia 30334
February 4,1998
To: Robert E. Rivers, Jr. Clerk, House of Representatives
Please place in today's House Journal with House Bill 1167
This message is to explain why it was necessary to vote no on HB-1167 the SFY 1998 amended General Appropriations Act.
Whereas there are some appropriate uses of the approximately V4 billion dollars sur plus, such as a modest tax cut of about $200 million and money for fast growing school populations; the addition of 398 items of pure pork barrel items to the budget is uncon scionable. It is obvious that these items were added to ensure a yes vote by legislators from the districts where the pork is placed.
How much better would the people of Georgia been served if this surplus had been returned to all the people as a tax cut or to items of value such as road improvements.
Sincerely, /s/ John Yates
John P. Yates State Representative District 106
JPY/djf

HB 1166. 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 BILL
To provide supplementary appropriations for the state fiscal year ending June 30, 1998, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1998

389

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the state fiscal year beginning July 1, 1997, and ending June 30, 1998, as prescribed hereinafter for such state fiscal year, and are in addition to any other appropriations heretofore or hereafter made
for the operation of state government.

SECTION 1. The amount of $152,176,753 is appropriated to the Office of the Governor for transfer to budget units for expenditures necessary to address the Year 2000 computer compliance issue. Further, no transfer of funds from this section to any budget unit will be made with out approval of the Office of Planning and Budget either directly or by a committee or other review body designated by the Office of Planning and Budget.

SECTION 2. TOTAL APPROPRIATION STATE FISCAL YEAR 1998

$152,176,753

SECTION 3. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriation provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obli gation of the state.

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 Speaker resolved the House into a Committee of the Whole for the purpose of considering HB 1166, 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 1166 back to the House with the recommendation that the same Do Pass.

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 YAihe Y Bailey Y Bannister YBarfoot Y Barnard YBamee Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown

Y Buck Y Bucknei YBunn Y Burkhalter Y Byrd Y Campbell Y Canty 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 Y DaTM, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dix
Diion 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
Heckstall Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieaon YJenUns Y Johnson YJohnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord

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JOURNAL OF THE HOUSE,

Y Lucas YMaddox
YMann Y Manning Y Martin, J Y Martin, J.L YMaswy YMcBee YMcCall YMcClinton
McKinney Y Mills YMobley YMosley YMueller YO-Neal YOtrock
YParham

YParruh
Y Parsons YPelote Y Perry YPinholster
YPoag YPolak Y Ponder Y Porter YPowell
Purcell
YRagas YRandall YRay Y Reaves YReichert
YRice Y Richardson

Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
YScarlett Y Scheid Y Scott Y Shanahan 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 Y Smyre YSneUing YSnow YStallings Y Stancil, F
Y Stancil, S Stanley, L
Y Stanley, P Y Stephens YTaylor ETeague YTeper Y Thomas Y Tillman

Y Titus YTolbert YTrense Y Tumquest
Twiggs Y Walker, L
Y Walker, R.L Y Watson 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, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1490 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1412 Do Pass HR 467 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Smith of the 109th 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 Senate and has instructed me to report the same back to the House with the following recommendations:

WEDNESDAY, FEBRUARY 4,1998

391

HB 704 Do Pass SB 166 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 109th
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 rec ommendations:
HB 1098 Do Pass HB 1337 Do Pass, by Substitute
Respectfully submitted, /s/ Hudson of the 156th
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 1195 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 372 Do Pass, as Amended SB 117 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 854 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.

THURSDAY, FEBRUARY 5, 1998

393

Representative Hall, Atlanta, Georgia Thursday, February 5, 1998

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 Andenon Aahe
Bailey Bannister Barfoot Barnard Barnw BirtUong Bohannon Bradford Bridges Brooks Brown Buck Bunn Burkhalter Byrd Canty Cash Childen Clark Coan Coleman, B Coleman T Cornell
Crawford Crews Culbreth

Cumin ings Davis, G Davis, M
DeLoach, B DeLoach, G Dixon
Dobbs Dukes Ehrhart Epps Everett Felton Floyd Franklin Golden Graves Greene Grindley
Hammontree Hanner Harbin Hecht
HeckstaU Hegstrom
Henson Holland
Houston Howard
Hudgens

Hudson, H Hudson, N Hugley Jackson James Jenkins Jobnson Johnston Kaye Ladd Lakly Lee Lewis Lord Mann Manning Martin, J Martin, J.L Massey McBee McClinton McKinney Mills Mobley Mosley Mueller O'Neal Parham Parsons

Pelote Perry Pinbolster
Poag Polak Ponder Powell PurceU Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shenill
Shipp Sims Skipper Smith, C

Smith, L Smith, L.R E Smith, P Smith, T Smith, V Snelling Snow Stallings Stancil, F Stancil, S Stanley, P Stephens Taylor ETeague Teper Thomas
Tillman
Titus Tolbert
Twiggs Walker, L West Westmoreland Wiles Williams, B
Williams, R
Worthan
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Turnquest of the 73rd, Watson of the 70th, Lane of the 146th, Bates of the 179th, Smith of the 19th, Sinkfield of the 57th, Day of the 153rd, Smyre of the 136th, Channell of the lllth, Jamieson of the 22nd, Porter of the 143rd, Dix of the 76th, Evans of the 28th, McCall of the 90th, Buckner of the 95th, Williams of the 83rd, Jones of the 71st, Bordeaux of the 151st, Orrock of the 56th, Heard of the 89th, Yates of the 106th, Maddox of the 72nd, Ragas of the 64th, Lucas of the 124th and Stanley of the 50th.
They wish to be recorded as present.

Prayer was offered by the Reverend Bobbie Wrenn Banks, 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

394

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 intro duced, read the first time and referred to the committees:

HB 1537. By Representatives McBee of the 88th, Stancil of the 91st, Hudgens of the 24th and Heard of the 89th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemptions from certificate of need, so as to provide for an additional exemption for certain skilled nursing facilities.
Referred to the Committee on Health & Ecology.

HB 1538.

By Representatives Manner of the 159th, Parrish of the 144th and Barnes of the 33rd:
A bill to amend Code Section 40-2-48 of the Official Code of Georgia Anno tated, relating to license plates promoting the United States Disabled Ath letes Fund, so as to change certain provisions relating to annual renewal; to change certain provisions relating to manufacturing costs.

February 4,1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1538. This notice is made prior to or upon reading the bill the first time.
/s/ Hanner Representative 159th District
Referred to the Committee on Motor Vehicles.

HB 1539.

By Representatives Titus of the 180th, Yates of the 106th, Parsons of the 40th, Bates of the 179th, Sanders of the 107th 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 green treefrog as the official state amphibian.

February 4, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1539. This notice is made prior to or upon reading the bill the first time.

THURSDAY, FEBRUARY 5, 1998

395

M Titus Representative 180th District
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1540. By Representatives Stancil of the 16th, Royal of the 164th, Pinholster of the 15th and Smith of the 12th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, "The Zoning Procedures Law," so as to provide for the transfer of development rights.
Referred to the Committee on State Planning & Community Affairs.

HB 1541. By Representative Johnston of the 81st:
A bill to amend Part 13 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank fees, so as to provide that a bank shall pay a fee to an account holder for a bank error; to provide for the amount of the fee.
Referred to the Committee on Banks & Banking.

HB 1542. By Representatives SneUing of the 99th, Worthan of the 98th, Royal of the 164th, Shanahan of the 10th, Heckatall of the 55th and others:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of government office, so as to change certain provisions relating to sale of real or personal property to political subdivisions by local officers and employees and exceptions thereto.
Referred to the Committee on State Planning & Community Affairs.

HB 1543. By Representatives Epps of the 131st and Brown of the 130th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to provide for the appointment of members of the authority and their terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1544. By Representative Stephens of the 150th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxes, so as to exempt sales to public foundations from such taxes.
Referred to the Committee on Ways & Means.

HB 1545. By Representative Sherrill of the 62nd:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, relating to charitable solicitations, so as to change the requirements for renewal of registration of paid solicitors and charitable organizations.
Referred to the Committee on Industry.

396

JOURNAL OF THE HOUSE,

HB 1546. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Anno tated, relating to the minimum compensation to be paid to the chief magis trates and magistrates of each county, so as to delete certain provisions authorizing contrary local laws relating to the minimum annual salaries of chief magistrates.
Referred to the Committee on Judiciary.

HB 1547. By Representative Howard of the 118th:
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 require that a company which provides coupons or rebate forms or other wise promises items of value in exchange for the sale or lease of a product in Georgia shall provide a redemption center in this state.
Referred to the Committee on Industry.
HB 1548. By Representatives Howard of the 118th, Walker of the 141st, Skipper of the 137th, Lee of the 94th and Ray of the 128th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal cases in general, so as to provide limitations upon the granting of bail where there is probable cause to believe that a murder has been committed by the person charged.
Referred to the Committee on Special Judiciary.

HB 1549. By Representatives Porter of the 143rd, Barnes of the 33rd, Martin of the 47th and Bordeaux of the 151st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize the Attorney General to bring judicial actions to enforce laws relating to open and public meetings and public records.
Referred to the Committee on Judiciary.

HB 1550. By Representatives Teper of the 61st, Porter of the 143rd, Buck of the 135th, Taylor of the 134th, Williams of the 63rd and others:
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 authorize county boards of education to build schoolhouses on real property leased from the state or a political subdivision, instrumentality, agency, or authority of the state; to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property.
Referred to the Committee on Education.

HB 1551. By Representatives Walker of the 141st, Irvin of the 45th, Coleman of the 142nd, Ashe of the 46th, Jamieson of the 22nd and others:
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 increase the tax rate by $1.00 for the first $1,000.00 or fractional part of $1,000.00 and to increase the incremental rate by 10$ for each additional $100.00.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 5, 1998

397

HB 1552. By Representatives Purcell of the 147th, Parham of the 122nd, Parrish of the 144th, Murphy of the 18th, Smyre of the 136th and others:
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 Author ity, so as to provide for the establishment by the authority of a program of scholarship grants for students at North Georgia College who have previously completed two scholarship years at Georgia Military College.
Referred to the Committee on Appropriations.

HB 1553. By Representatives Henson of the 65th, Walker of the 141st, Irvin of the 45th, Skipper of the 137th, Ashe of the 46th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Anno tated, relating to campaign contribution disclosure reports, so as to provide for the filing of supplemental campaign contribution disclosure reports by certain candidates and campaign committees.

February 4, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1553. This notice is made prior to or upon reading the bill the first time.
/s/ Michele Henson Representative 65th District
Referred to the Committee on Rules.

HB 1554. By Representative Mobley of the 69th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to child custody proceedings, so as to provide that in all cases in which the custody of any minor child or children is at issue between the parents, the court shall con sider the best interest of the child or children and shall consider all relevant factors pertaining to such interest of the child.
Referred to the Committee on Judiciary.

HB 1555. By Representatives Mobley of the 69th and McClinton of the 68th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous uniform rules of the road, so as to change certain provisions relating to requirement of driver to exercise due care and allowance of proper use of radios and mobile telephones.
Referred to the Committee on Judiciary.

HB 1556.

By Representatives Polak of the 67th, Smyre of the 136th, Walker of the 141st, Irvin of the 45th, Ashe of the 46th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to amend numeric grade averages required for certain grants and scholarships for students graduating from high school in 2000 or thereafter; to provide criteria for eligibility and ineligibility for HOPE grants, HOPE scholarships, HOPE GED vouchers, HOPE teacher's scholarships, and PROMISE teacher's scholarships.

398

JOURNAL OF THE HOUSE,

February 4, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1556. This notice is made prior to or upon reading the bill the first time.
M Michael C. Polak Representative 67th District
Referred to the Committee on University System of Georgia.

HB 1557. By Representative Teper of the 61st:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, municipal corpo rations, and other governmental entities, so as to provide for changes to the "Local Government Authorities Registration Act".
Referred to the Committee on State Planning & Community Affairs.

HB 1558. By Representative Irvin of the 45th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment.
Referred to the Committee on Ways & Means.

HR 994. By Representatives Twiggs of the 8th, Lord of the 121st, Murphy of the 18th and Walker of the 141st:
A resolution designating the Glenn Gooch By-Pass.
Referred to the Committee on Transportation.

HR 995. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Congress of the United States and the United States Department of Labor to take appropriate action to ensure an adequate num ber of migrant farm workers to assist the farmers of the United States in the coming season.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 996. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Connell of the 115th and others:
A resolution commending Pete Wheeler and providing for the designation of the "Pete Wheeler Georgia War Veterans Memorial Complex".
Referred to the Committee on Defense & Veterans Affairs.

HR 997. By Representatives Buckner of the 95th, Pelote of the 149th, Stanley of the 50th, Orrock of the 56th, Mobley of the 69th and others:
A resolution encouraging the placement of books on being a parent in the state's public libraries.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 5, 1998

399

HR 998. By Representatives Irvin of the 45th, Walker of the 141st, Evans of the 28th, Byrd of the 170th and Lee of the 94th:
A resolution creating the Commission on the 250th Anniversary of a Repre sentative Assembly in Georgia.
Referred to the Committee on Rules.

HR 999. By Representatives Mobley of the 69th and Taylor of the 134th:
A resolution creating the Joint Study Committee on High School Technology Career Academies.
Referred to the Committee on Rules.

HR 1000. By Representatives Mobley of the 69th, Teague of the 58th, McClinton of the 68th, Henson of the 65th, Anderson of the 116th and others:
A resolution requesting the Governor to declare May, 1998, as Stroke Aware ness Month in Georgia; creating the Joint Study Committee on the Impact of Strokes on Georgia's Citizens.
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 1517 HB 1518 HB 1519 HB 1520 HB 1521 HB 1522 HB 1523
HHBB 1552255 HHBB 11552267
HB 1528 HB 1529
HB 1530 HB 1531 HB 1532
HB 1533

HB 1534 HB 1535 HB 1536 HR 953 HR 954 HR 955 HR 956
HHRR 9n5-?R TM H ?99g
SB 55 SB 79
SB 420 SB 427 SB 484
SB 486

Representative Sinkfield of the 57th District, Chairman of the Committee on Children & Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children & Youth has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:
SB 68 Do Pass, by Substitute SB 244 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

400

JOURNAL OF THE HOUSE,

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 1163 Do Pass, by Substitute
Respectfully submitted, /s/ Manner of the 159th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1498 Do Pass HB 1503 Do Pass SB 417 Do Pass
Respectfully submitted, M Royal of the 164th
Chairman

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

HB 1498.

By Representatives Hudgens of the 24th, Heard of the 89th and McBee of the 88th:
A bill providing for the compensation for the coroner of Clarke County, so as to change the provisions relating to the coroner's salary.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1503. By Representative DeLoach of the 172nd:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Riceboro," so as to change the corporate limits.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 5, 1998

401

SB 417. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the clerk of the State Court of Glynn County; to provide for the requirements and proce dures of the nonpartisan nomination and election; to provide for related mat ters; to provide for the authority for this Act; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1236. By Representative Stancil of the 91st: A bill to reincorporate and provide a new charter for the Town of Bogart.

HB 1334.

By Representative Stancil of the 91st:
A bill to provide a homestead exemption from Oconee County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents.

HB 1336.

By Representative Stancil of the 91st:
A bill to provide a homestead exemption from Oconee County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents.

HB 1338. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Elections and Registration of Oconee County, so as to change the membership of the board.

HB 1358.

By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to provide for the power of the mayor to vote on matters before the city council.

SB 411. By Senators Burton of the 5th, Tysinger of the 41st, Ray of the 48th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide for hear ing of applications for arrest by electronic or telephonic means in certain cir cumstances; to provide for related matters; to provide an effective date.

402

JOURNAL OF THE HOUSE,

SB 489. By Senators Land of the 16th and Harbison of the 15th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to change certain provisions relating to a previous constitutional exemption from ad valorem taxation for disabled veterans continued in effect as statutory law; to provide for a special election; to provide for effective dates.

SB 517. By Senator Cagle of the 49th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the local option sales and use tax for educational purposes, so as to provide for concurrent resolution require ments; to change certain provisions regarding requirements and procedures with respect to such tax; to provide an effective date.

SB 522. By Senators Walker of the 22nd, Dean of the 31st, Harbison of the 15th and others:
A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, "The Telecommunications and Competition Development Act of 1995," so as to require a customer's written authorization before a telecommunications company may charge for any telecommunications or other type of service; to require that the charges for any new or changed ser vices be stated in a separate and distinct manner.

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.

HB 381. By Representative Childers of the 13th:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Anno tated, relating to retirement benefits under the Public School Employees Retirement System, so as to increase the retirement benefit.

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.

HB 780. By Representatives Jenkins of the 110th, Holland of the 157th, Bames of the 33rd and Channell of the lllth:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to the Judges of the Probate Courts Retirement Fund of Geor gia, 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.

THURSDAY, FEBRUARY 5, 1998

403

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..

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 mem bers of such retirement system.

HB 944. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Anno tated, relating to service retirement benefits, employee contributions, and related matters relative to members of the Employees' Retirement System of Georgia who became members on or after July 1, 1982, so as to provide that membership service may include certain prior service as a member of such retirement system.

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

HB 1335.

By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Oconee County, so as to change the provisions relating to bonds of the chairperson and members of the board of commissioners.

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

SR 490. By Senators Land of the 16th and Hooks of the 14th:
A resolution honoring Dr. Deryl Hart and designating a portion of Georgia Highway 137 as the "Dr. Deryl Hart Road".

HR 973. By Representative Mosley of the 171st:
A resolution commending members of the Jesup Police Force and the Wayne County Sheriffs Department.

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

SB 411. By Senators Burton of the 5th, Tysinger of the 41st, Ray of the 48th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide for hear ing of applications for arrest by electronic or telephonic means in certain cir cumstances; to provide for related matters; to provide an effective date.
Referred to the Committee on Special Judiciary.

404

JOURNAL OF THE HOUSE,

SB 489. By Senators Land of the 16th and Harbison of the 15th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to change certain provisions relating to a previous constitutional exemption from ad valorem taxation for disabled veterans continued in effect as statutory law; to provide for a special election; to provide for effective dates.
Referred to the Committee on Ways & Means.

SB 517. By Senator Cagle of the 49th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the local option sales and use tax for educational purposes, so as to provide for concurrent resolution require ments; to change certain provisions regarding requirements and procedures with respect to such tax; to provide an effective date.
Referred to the Committee on Ways & Means.

SB 522. By Senators Walker of the 22nd, Dean of the 31st, Harbison of the 15th and others:
A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, "The Telecommunications and Competition Development Act of 1995," so as to require a customer's written authorization before a telecommunications company may charge for any telecommunications or other type of service; to require that the charges for any new or changed ser vices be stated in a separate and distinct manner.
Referred to the Committee on Industry.

SR 490. By Senators Land of the 16th and Hooks of the 14th:
A resolution honoring Dr. Deryl Hart and designating a portion of Georgia Highway 137 as the "Dr. Deryl Hart Road".
Referred to the Committee on Transportation.

The following communication was received:

House of Representatives 332 State Capitol
Atlanta, Georgia 30334-1160
February 4, 1998
Honorable Mitchell Kaye Representative, District 37 2137 Spindrift Court Marietta, Georgia 30062-6000
Dear Mitchell:
Pursuant to your request, I am this date removing you from the Transportation Com mittee and placing you on the Ways & Means Committee.
Thank You.
Sincerely,

THURSDAY, FEBRUARY 5,1998

405

TBM:bd
cc: Hon. Jimmy Benefield Hon. Tom Buck Robby Rivers Paul Lynch House Information House Research

/s/ Thomas B. Murphy Speaker

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

HR 854. By Representatives Williams of the 63rd, McBee of the 88th, Henson of the 65th, Cooper of the 31st, Ashe of the 46th and others:
A resolution recognizing February 5, 1998, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.

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

HR 1001.

By Representatives Barnes of the 33rd, Brooks of the 54th, McKinney of the 51st and Walker of the 141st:
A resolution commending Martin Luther King III and inviting him to appear before the House of Representatives.

HR 1003.

By Representatives Lee of the 94th, Hecht of the 97th, Bailey of the 93rd, Benefield of the 96th and Buckner of the 95th:
A resolution commending Marsha Mayes Hood and inviting her to appear before the House of Representatives.

HR 1005. By Representatives Williams of the 63rd and Bates of the 179th:
A resolution commending and inviting Dr. John S. Turner to appear before the House of Representatives.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Appropriations and referred to the Committee on Governmental Affairs:

HB 1511.

By Representatives Coleman of the 142nd, Holmes of the 53rd, Scott of the 165th, Walker of the 141st and Williams of the 114th:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions regarding public officers and employees, so as to provide that complaints or information from public employees directed to members of the General Assembly concerning fraud, waste, and abuse in or relating to any state programs or operations shall be confidential.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Appropriations and referred to the Committee on Ways and Means:

406

JOURNAL OF THE HOUSE,

HB 1530. By Representatives Sherrill of the 62nd, Polak of the 67th and Benefield of the 96th:
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 to public secondary schools and local school systems to support driver education courses and programs for secondary school stu dents; 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.

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 1353.

By Representatives Walker of the 141st, Buck of the 135th, Sauder of the 29th, Felton of the 43rd and Dix of the 76th:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Anno tated, relating to taxation of corporations and allocation and apportionment of income, so as to authorize the state revenue commissioner to enter into an agreement with the taxpayer to establish an allocation and apportionment formula under certain conditions.

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

Alien
YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
YBuckner YBunn YBurkhalter YBjnd
CampbeU Canty YCanh YChannell Y Childera Clark YCoan Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDU YDiion YDobbs Y Dukes YEhrhart YEpps
Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
YHeckstaU YHegstrom
Henson Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson
Y James Jamieson
YJenkins Y Johnson YJohnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee YLewis YLord Y Lucas
YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills
Y Mobley YMosley Y MueUer
O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry
Y Pinholster YPoag YPolak
Ponder
Porter YPoweU YPurceU
Ragas Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Y Scarlett YScheid Y Scott Y Shanahan
YShaw Y Sherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 157, nays 0.

Y Smith, L.R E Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow
S tailings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles
Y Williams, B Williams, J
Y Williams, R YWorthan Y Yates
Murphy, Spkr

THURSDAY, FEBRUARY 5, 1998

407

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

HB 1154.

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 limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying.

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 limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying; to provide an exception; 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 limitations of actions, is amended by inserting after Code Section 9-3-30.1 a new Code Section 9-3-30.2 to read as follows:
"9-3-30.2. (a) As used in this Code section, the term 'land surveying' shall have the same meaning as provided by paragraph (6) of Code Section 43-15-2. (b) No action to recover damages for any deficiency, defect, omission, error, or miscalcu lation in a survey or plat shall be brought against any person engaged in the practice of land surveying who performed or furnished such survey or plat more than six years from the date of the survey or plat. The cause of action in such cases shall accrue when such services are rendered as shown from the date on the survey or plat. Any such action not instituted within the six-year period provided by this subsection shall be for ever barred."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Clark of the 3rd moves to amend the Committee substitute to HB 1154 as follows:
Line 20 delete "any person" & insert:
"registered surveyors or their employees".

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

Y Alien YAndenon
YAshe

Y Bailey Y Bannister
YBarfoot

Y Barnard Y Barnm
Y Bates

Y Benefield Y Birdaong
Y Bohannon

Y Bordeaux Y Bradford
Y Breedlove

408

JOURNAL OF THE HOUSE,

Y Bridges Y Brooks
Y Brown YBuck Y Buckner YBunn Y Burkhalter
YByrd Y CampbeU Y Canty YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper YCrawford Y Crews Y Culbreth
Y Cummings DaTM, G
Y Davis, M YDay
YDeLoach, B YDeLoach,G
Dii YDiion YDobbs
Y Dukes YEhrhart

Yl
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 Heckstall YHegstrom YHenson Y Holland
Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N
Y Hugley Ylrvin Y Jackson Y James YJamieson
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 YMcKinney Y Mills
Y Mobley YMoeley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag

YPolak Y Ponder Y Porter Y Powell YPurcell 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 E Smith, P
Smith, T

Y Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker 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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1087.

By Representative Carter of the 166th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that certain rules and regulations shall be used to establish certain criminal violations; to provide that the Board of Natural Resources is authorized to designate certain waters as trout waters and to establish seasons and methods of fishing; to repeal Code Section 27-4-52, relating to trout waters without seasons.

The following Committee substitute was read and adopted:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that certain rules and regulations shall be used to establish certain crimi nal violations; to provide that the Board of Natural Resources is authorized to designate certain waters as trout waters and to establish seasons and methods of fishing; to repeal Code Section 27-4-52, relating to trout waters without seasons; to repeal Code Section 27-4-53, relating to trout waters with seasons; to provide effective dates; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by inserting at the end of Chapter 1, relating to general provisions, the following:
"27-1-39.

THURSDAY, FEBRUARY 5, 1998

409

Notwithstanding any other law to the contrary, for purposes of establishing criminal vio lations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules' and 'regulations' shall mean those rules and regu lations of the Board of Natural Resources in force and effect on January 1, 1998."
SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-2-6, relating to trout stamp, official Georgia waterfowl stamp, and big game license, and inserting in lieu thereof the follows:
"(a) It shall be unlawful for any resident of this state who has attained the age of 16 years and for any nonresident, regardless of age, to fish for or possess mountain trout or to fish in any waters designated m this title as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout stamp attached to his or her sport fishing license with the name of such person signed across the face of the stamp."
SECTION 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 27-4-50, relating to the manner of fishing for trout, and inserting in lieu thereof the follow ing:
"(b) It shall be unlawful to use live fish for bait in any waters designated as trout waters pursuant to Code Section 27 4-62 er 27-4 68; provided, however, that it shaH net
Ti>Hjt? iuirikilifat--w^i-i-u1 twj\ V.---O--G l1j1-T-nC fniaatni ifnuir* Vunintiil*t iHnT +tli*i>cfi>i+' -s-u--u*u'--u--ii o.-.r -LfIliInC fv^-V'iiniio-<i-ffw>l^uri>ur>u<u~Vii>cftur Tn^iiTirnctr* Ur1Ur>TTTtImI^i
stream ef Morgan Fatts Bam 27-4-51."
SECTION 4. Said title is further amended by striking in its entirety Code Section 27-4-51, relating to the hours of trout fishing, which reads as follows:
"27-4-51.
(a) It shall be unlawful to fish in the trout waters designated in Code Section 27-4-53 except between 30 minutes before sunrise and 30 minutes after sunset, except that Waters Creek upstream from its junction with Dick's Creek shall be closed to fishing at 6:30 P.M. eastern standard time or 7:30 P.M. eastern daylight time. (b) It shall be unlawful to fish between 30 minutes after sunset and 30 minutes before sunrise in Dockery Lake and Rock Creek Lake. Fishing during such time is permitted in all other impoundments. (c) Those streams designated as trout streams without seasons in Code Section 27-4-52 shall be open for fishing 24 hours a day; provided, however, this subsection shall not apply to the Conasauga River watershed upstream of the Georgia-Tennessee state line nor to the Chattahoochee River downstream of Lake Lanier.", and inserting in lieu thereof a new Code section to read as follows:
"27-4-51.
(a) The board is authorized to promulgate rules and regulations as may be appropriate based on sound wildlife management principles designating all or any portion of any watershed, stream, or lake as trout waters and establishing seasons, times, and methods of fishing in such waters. (b) It shall be unlawful to fish in any waters which the board designates as trout waters except during such times and in such methods as the board establishes by rule or regula tion."
SECTION 5. Said title is further amended by striking Code Section 27-4-52, relating to trout waters without seasons, which reads as follows:
"27-4-52.
The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, trout waters and shall be open for trout fishing throughout the year:

410

JOURNAL OF THE HOUSE,

(1) Bartow County: (A) Connesena Creek watershed; (B) Dykes Creek watershed; (C) Pine Log Creek watershed; (D) Pyle Creek watershed; (E) Salacoa Creek watershed; (F) Spring Creek watershed; (G) Stamp Creek watershed; (H) Two Run Creek watershed; and (I) Ward Creek watershed;
(2) Carroll County: (A) Brooks Creek watershed; (B) Mud Creek watershed; and (C) Tallapoosa River;
(3) Catoosa County: (A) Dry Creek watershed, which is a part of the East Chickamauga Creek water
shed, upstream of Catoosa County Road 257; (B) Little Chickamauga Creek watershed upstream from Catoosa County Road 387; and (C) Tiger Creek watershed upstream from Georgia Highway 2; (4) Chattooga County: (A) Little Armuchee Creek watershed upstream from County Road 326; (B) Storey Mill Creek watershed; and (C) Taliaferro Creek watershed; (5) Cherokee County: (A) Bluff Creek watershed upstream of Cherokee County Road 114; (B) Murphy Creek watershed; (C) Pine Log Creek watershed; (D) Salacoa Creek watershed; (E) Sope Creek watershed upstream of Cherokee County Road 116; (F) Stamp Creek watershed; and (G) Wiley Creek watershed; (6) Cobb County: Chattahoochee River downstream to the lower or most southerly crossing of 1-285; (7) Dade County: (A) Allison Creek watershed; and (B) Lookout Creek watershed, upstream from Dade County Road 197; (8) Dawson County: Amicalola Creek from Road S 2275 downstream to Georgia High way 53; (9) Fannin County: (A) Conasauga River watershed; (B) Ellijay River watershed; (C) Fightingtown Creek watershed; (D) Noontootla Creek watershed; (E) Rock Creek watershed, including Rock Creek Lake; and (F) Toccoa River: Entire length, but not including tributaries, except as listed in this Code section; (10) Floyd County: (A) Dykes Creek watershed; (B) Little Cedar Creek watershed; (C) Silver Creek watershed upstream of Georgia Highway IE;
(D) Spring Creek watershed, which flows into Etowah River; and
(E) Spring Creek watershed, which flows into State of Alabama;
(11) Forsyth County: Chattahoochee River; (12) Fulton County: Chattahoochee River downstream to the lower or most southerly
crossing of 1-285;
(13) Gilmer County:

THURSDAY, FEBRUARY 5, 1998

411

(A) Ball Creek watershed; (B) Cartecay River watershed; (C) Conasauga River watershed; (D) Coosawattee River from confluence of Cartecay and Ellijay rivers downstream to old Georgia Highway 5 bridge; (E) Ellijay River watershed; (F) Mountaintown Creek watershed; (G) Noontootla Creek watershed; (H) Sevenmile Creek watershed; (I) Town Creek watershed; and (J) Wildcat Creek watershed; (14) Gordon County: (A) Long Branch watershed; (B) Pine Log Creek watershed upstream from Georgia Highway 53; and (C) Salacoa Creek watershed upstream from U.S. Highway 411; (15) Gwinnett County: Chattahoochee River; (16) Habersham County: (A) Chattahoochee River downstream to Georgia Highway 115; (B) Liberty Creek watershed; (C) North Fork Broad River watershed; (D) Panther Creek watershed; (E) Roberts Branch watershed; (F) Sautee Creek: Entire length downstream from Georgia Highway 255 Alternate bridge; (G) Soque River watershed from King's Bridge, which is Georgia Highway 197 below the mouth of Shoal Creek, downstream to the mouth of Deep Creek; and (H) Toccoa Creek watershed; (17) Haralson County: (A) Mountain Creek watershed; (B) Tallapoosa Creek watershed; and (C) Tallapoosa River watershed upstream from County Road 222; (18) Hart County: Savannah River from Hartwell Dam downstream to Richard B. Russell Lake; (19) Lumpkin County: (A) Chestatee River from Tate Bridge, which is the first bridge below Turner's Cor ner, downstream to the mouth of Tesnatee Creek; (B) Etowah River from Jay Bridge downstream to Castleberry Bridge; and (C) Yahoola Creek watershed downstream from the mouth of Bryant Creek to
Georgia Highway 52; (20) Murray County:
(A) Conasauga River watershed upstream from the Georgia-Tennessee state line; (B) Holly Creek watershed, including Dill Creek watershed, upstream from Dill Creek; (C) Mill Creek watershed upstream from Murray County Road 27; (D) Mill Creek watershed, which is within Holly Creek watershed; and (E) Rock Creek watershed, the most northern of two Rock Creek watersheds which are in the Holly Creek watershed, upstream from Murray County Road 301; (21) Paulding County: (A) Pyle Creek watershed; (B) Simpson Creek watershed; (C) Tallapoosa River watershed; (D) Thompson Creek watershed; and
(E) Ward Creek watershed;
(22) Pickens County:
(A) Ball Creek watershed;
(B) Bluff Creek watershed;
(C) Cartecay River watershed;

412

JOURNAL OF THE HOUSE,

(D) Fourmile Creek watershed; (E) Hobson Creek watershed; (F) Little Scarecorn Creek watershed; (G) Long Branch watershed; (H) Long Swamp Creek watershed, including Darnell Creek watershed, upstream from Cove Creek; (I) Mud Creek watershed; (J) Rock Creek watershed; (K) Salacoa Creek watershed; (L) Scarecorn Creek watershed upstream from Georgia Highway 53;
(M) Sevenmile Creek watershed; (N) Sharp Mountain Creek watershed;
(O) Sope Creek watershed; (P) Talking Rock Creek watershed upstream from Road S1011;
(Q) Town Creek watershed; and (R) Wildcat Creek watershed; (23) Polk County: (A) Cedar Creek watershed upstream from Polk County Road 121; (B) Fish Creek watershed upstream of Plantation Pipeline;
(C) Little Cedar Creek watershed; (D) Silver Creek watershed; (E) Simpson Creek watershed upstream of Lake Dorene;
(F) Spring Creek watershed; (G) Swinney Creek watershed;
(H) Thomasson Creek watershed; and (I) Thompson Creek watershed upstream of Polk County Road 441;
(24) Rabun County: (A) Chattooga River: Entire length between Georgia and South Carolina;
(B) Chattooga River, West Fork: Entire length; (C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441 bridge;
(D) Overflow Creek: Entire watershed; (E) Stekoa Creek watershed; and (F) Tallulah River: Downstream to Lake Rabun;
(25) Stephens County: (A) Leather-wood Creek watershed upstream from Georgia Highway 184 bridge;
(B) Little Toccoa Creek watershed; (C) North Fork Broad River watershed upstream from SCS flood control structure No. 1;
(D) Panther Creek watershed; and (E) Toccoa Creek watershed upstream from Toccoa Falls;
(26) Towns County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge;
(B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge; (C) Hiawassee River: Entire length downstream from Brown Bridge which is the second bridge above U.S. Highway 76 on Georgia Highway 75;
(D) Charlies Creek watershed; and
(E) Tallulah River; (27) Union County:
(A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge;
(B) Coosa Creek: Entire watershed; (C) Ivylog Creek: Entire watershed;
(D) Noontootla Creek watershed; (E) Nottely River from U.S. Highway 129-19 bridge downstream to Nottely Reser voir;
(F) Rock Creek watershed; (G) Toccoa River: Entire length, but not including tributaries except as listed in this Code section; and

THURSDAY, FEBRUARY 5, 1998

413

(H) Youngcane Creek: Entire watershed; (28) Walker County:
(A) Chattanooga Creek watershed upstream from Walker County Road 235; (B) Concord Creek watershed; (C) Duck Creek watershed; (D) Gulf Creek watershed; (E) Little Chickamauga Creek watershed; and (F) West Annuchee Creek watershed; (29) White County: (A) Chattahoochee River downstream from the Georgia Highway 75 Alternate bridge to the Georgia Highway 115 bridge; (B) Dukes Creek watershed downstream from the United States Forest Service property boundary; (C) Little Tesnatee Creek watershed upstream from the mouth of Turner Creek; (D) Sautee Creek: Entire length; and (E) Turner Creek watershed, which is the Turner Creek watershed nearest to Cleve land city limits; and (30) Whitfield County: (A) Coahulla Creek watershed upstream from Whitfield County Road 183; (B) Dry Creek watershed, which is a part of East Chickamauga Creek watershed; (C) Spring Creek watershed; and (D) Tiger Creek watershed."
SECTION 6. Said title is further amended by striking Code Section 27-4-53, relating to trout streams with seasons, which reads as follows:
"27-4-53.
The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March through October 31 of each year:
(1) Bartow County: (A) Boston Creek watershed upstream from Georgia Highway 20; and (B) Toms Creek watershed upstream from Bartow County Road 82;
(2) Catoosa County: Hurricane Creek watershed upstream from Peters Branch; (3) Chattooga County:
(A) Allgood Branch watershed; (B) Chappel Creek watershed; (C) Chelsea Creek watershed; (D) East Fork Little River watershed; (E) Hinton Creek watershed; (F) Kings Creek watershed; (G) Middle Fork Little River watershed; (H) Mt. Hope Creek watershed; (I) Perennial Spring watershed; (J) Raccoon Creek watershed upstream from Georgia Highway 48; and (K) Ruff Creek watershed; (4) Cherokee County: Boston Creek watershed; (5) Dade County: (A) East Fork Little River watershed; (B) Rock Creek watershed; and (C) West Fork Little River watershed; (6) Dawson County: (A) Amicalola Creek watershed upstream from County Road S 2275, which is the first bridge upstream from Georgia Highway 53; (B) Amicalola Creek tributaries from Georgia Highway 53 upstream to Road S 2275; (C) Shoal Creek watershed upstream from the mouth of Burt Creek; and

414

JOURNAL OF THE HOUSE,

(D) Sweetwater Creek watershed; (7) Fannin County: All streams or parts of streams, except those listed in Code Sec tion 27-4-52;
(8) Floyd County: (A) Johns Creek watershed upstream from Floyd County Road 212; (B) Kings Creek watershed; (C) Lavender Creek watershed upstream from Floyd County Road 234; (D) Mt. Hope Creek watershed; and (E) Toms Creek watershed;
(9) Gilmer County: All streams or parts of streams, except: (A) Those listed in Code Section 27-4-52; and (B) Coosawattee River downstream from old Georgia Highway 5;
(10) Gordon County: (A) Johns Creek watershed; (B) Pin Hook Creek watershed upstream from Gordon County Road 275; (C) Rocky Creek watershed upstream from Gordon County Road 210; and (D) Snake Creek watershed;
(11) Habersham County: (A) Chattahoochee River tributaries downstream to Georgia Highway 115, except Sautee Creek downstream from Georgia Highway 255 Alternate bridge; (B) Davidson Creek watershed; (C) Middle Fork Broad River watershed; (D) Nancytown Creek watershed upstream from Nancytown Lake; and (E) Soque River watershed upstream from King's Bridge which is the Georgia High way 197 bridge just below the mouth of Shoal Creek;
(12) Haralson County: (A) Flatwcod Creek watershed; (B) Lassetter Creek watershed; and (C) Mann Creek watershed upstream from Haralson County Road 162;
(13) Lumpkin County: (A) Amicalola Creek watershed; (B) Cane Creek watershed upstream from the Georgia Highway 9-52 bridge; (C) Cavender Creek watershed; (D) Chestatee River watershed upstream from Tate Bridge, which is the first bridge
below Turner's Corner; (E) Chestatee River tributaries from the mouth of Tesnatee Creek upstream to Tate Bridge, which is the first bridge below Turner's Corner; (F) Dockery Lake; (G) Etowah River watershed upstream from Jay Bridge; (H) Etowah River tributaries from Castleberry Bridge upstream to Jay Bridge; (I) Shoal Creek watershed; and (J) Yahoola Creek watershed, including Bryant Creek watershed, upstream from the
mouth of Bryant Creek; (14) Murray County:
(A) All tributaries to Carters Reservoir; (B) Jacks River watershed upstream from Georgia-Tennessee state line; (C) North Prong Sumac Creek watershed; (D) Rock Creek watershed, the most southern of two Rock Creek watersheds which are in the Holly Creek watershed, upstream from Murray County Road 4; (E) Sugar Creek watershed upstream from Murray County Road 4; and (F) Sumac Creek watershed upstream from Coffey Lake; (15) Paulding County:
(A) Possum Creek watershed upstream from Paulding County Road 64;
(B) Powder Creek watershed;
(C) Pumpkinvine Creek watershed upstream from Paulding County Road 231; and
(D) Raccoon Creek watershed upstream from Road SR 2299;
(16) Pickens County:

THURSDAY, FEBRUARY 5, 1998

415

(A) Amicalola Creek watershed; (B) Fisher Creek watershed; (C) Cove Creek watershed upstream from Pickens County Road 294; and (D) Pin Hook Creek watershed; (17) Polk County: (A) Lassetter Creek watershed; and (B) Pumpkinpile Creek watershed upstream from Polk County Road 437; (18) Rabun County: All streams, except: (A) Those listed in Code Section 27-4-52; and (B) The Tallulah River downstream from Lake Rabun Dam; (19) Stephens County: Middle Fork Broad River watershed upstream from SCS flood control structure No. 44; (20) Towns County: All streams, except those listed in Code Section 27-4-52; (21) Union County: All streams, except: (A) Those listed in Code Section 27-4-52; (B) Butternut Creek watershed; and (C) Nottely River downstream from Nottely Dam; (22) Walker County: (A) Alien Creek watershed; (B) Chappel Creek watershed; (C) Dry Creek watershed, which is a tributary to East Armuchee Creek; (D) East Armuchee Creek watershed upstream from Georgia Highway 136; (E) East Fork Little River watershed, which flows into Dade County; (F) East Fork Little River watershed, which flows into Chattooga County, including Gilreath Creek; (G) Furnace Creek watershed; (H) Harrisburg Creek watershed, including Dougherty Creek watershed, upstream from Dougherty Creek; (I) Johns Creek watershed; (J) Left Fork Coulter Branch watershed; (K) Middle Fork Little River watershed, including Cannon Branch and Hale Branch; (L) Rock Creek watershed, including Sawmill Branch, upstream from Sawmill Branch; (M) Ruff Creek watershed; (N) Snake Creek watershed; (O) West Chickamauga Creek watershed upstream from Walker County Road 107; and (P) West Fork Little River watershed; (23) White County: (A) Chattahoochee River watershed upstream from the Georgia Highway 75 Alter
nate bridge; (B) Chattahoochee River tributaries from Georgia Highway 75 Alternate bridge downstream to the Georgia Highway 115 bridge, except Dukes Creek watershed downstream from the United States Forest Service property boundary and Sautee
Creek; and (C) Town Creek watershed upstream from the mouth of Jenny Creek; and
(24) Whitfield County: (A) East Armuchee Creek watershed; (B) Snake Creek watershed; and (C) Swamp Creek watershed upstream from Whitfield County Road 9."
SECTION 7. Subsection (a) of Code Section 27-4-51, enacted by Section 4 of this Act, shall become effective on July 1, 1998. The remainder of this Act shall become effective on October 1,
1998.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

416

JOURNAL OF THE HOUSE,

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

Y Alien YAndereon
YAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks Y Brown
YBuck Y Buckner
YBunn YBurkbalter
YByrd Y Campbell
Y Canty YCash Y Channel! YChildere Y Clark
Coan YColeman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings Y Davis, G Y Davto, M YDay YDeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree
Hanner Y Harbin Y Heard YHecht
YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens 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 YMosley Y Mueller YOT>ieal YOrrock YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPoweU YPurcell 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 YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Smith, L

Y Smith, L.R E Smith, P
Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStallings Y Stand!, F
YStancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwigge Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland
YWhitaker YWUes 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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 403. By Senator Land of the 16th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, so as to apply a driving record under a learner's permit previously issued by another state toward meeting eligibility requirements for a Class D driver's license.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien YAndereon
YAshe Y Bailey 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

Y Canty YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T

YConnell Y Cooper Y Crawford Y Crews Y Culbreth Y Cununinffs Y Davis, G Y Davis, M

THURSDAY, FEBRUARY 5, 1998

417

YDay
YDeLoach, B Y DeLoach, G YDix YDixon
YDobbs YDukes YEhrhart
YEpp. Evans
YEverett Felton
YFloyd Y Franklin
Y Golden Y Graves
YGreene YGrindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes

Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson Y James YJamieson YJenkins
Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YUkly YLane YLee YLewiB YLord Y Lucas YMaddox 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 Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell 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 YSherrill 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 Y Smyre YSneffing YSnow YStallings

Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson 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, the ayes were 173, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1349.

By Representative Floyd of the 138th:
A bill to amend Code Section 10-1-3 of the Official Code of Georgia Anno tated, relating to requirements for retail installment contracts, limitations, and prepayment, so as to raise the amount of the acquisition cost allowed to the retailer when prepayment is made.

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
Andersen YAshe Y Bailey
Y Bannister YBarfoot Y Barnard
YBaraes Y Bates YBenefield YBirdsong
Y Bobannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner NBunn YBurkhalter YByrd Y Campbell Y Canty YCash Y Channell

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 N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDiion NDobbs
YDukes YEhrhart
YEpps Evans
YEverett Y Felton YFloyd Y Franklin

Y Golden Y Graves Y Greene
Y Grindley Y Hammontree
YHanner Y Harbin Y Heard
YHecht Y Heckstall
YHegstrom YHenson
Y Holland Y Holmes Y Houston
Y Howard Y Hudgens
Y Hudson, H Y Hudson, N Y Hugley Ylrvin
N Jackson James
Y Jamieson
YJenkins Y Johnson
Johnston

Y Jones N Joyce
Kaye
YLadd YLakly NLane YLee Y Lewis YLord Y Lucas Y Maddox NMann 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 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
Scheid Y Scott Y Shanahan

418
YShaw YSherriU YShipp YSinu YSinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE,

Y Smith, L.R E Smith, P Y Smith, T
Smith, V YSmyre N Smiling YSnow Y Stalling!
Stancil, F

Y Stancil, S Stanley, L
Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman

Y Titus Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest

Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R NWorthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 9. The Bill, having received the requisite constitutional majority, was passed.

Representative Stancil of the 91st 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 1189. By Representatives Walker of the 141st, Skipper of the 137th, Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxa tion of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide resi dential transitional property.

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 YAahe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong Y Bohannon
Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCaih YChanneU Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford Y Crews

Y Culbreth
YDaviB, G Y DaTM, M YDay YDeLoach, B Y DeLoach, G YDix Y Dixon YDobbs Y Dukes YEhrhart YEpps
Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley YHammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J
Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley YMosley YMueller YO'Neal YOrrock
Parham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell 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 YSherrill
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 YSmyre
SneUing YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turaquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

THURSDAY, FEBRUARY 5, 1998

419

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

The Speaker Pro Tern assumed the Chair.

HB 1391.

By Representatives Crews of the 78th and Randall of the 127th:
A bill to enact the "Georgia Street Gangs Act of 1998"; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to designated felonies in juvenile court; to provide procedures under which additional assistant district attorneys may be autho rized; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses.

Representative Murphy of the 18th moved that further consideration of HB 1391 be postponed until Tuesday, February 10, 1998, immediately following the period of unani mous consents.
The motion prevailed.

The Speaker assumed the Chair.

The following Resolutions of the House were read and adopted:

HR 1006. By Representative Purcell of the 147th: A resolution commending Ms. Rachael Jackson.

HR 1007. By Representative Purcell of the 147th: A resolution commending Ms. Gail Paulk.

HR 1008. By Representative Birdsong of the 123rd: A resolution expressing regret at the passing of Dauphin Vesro Childs, Jr.

HR 1009. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution honoring the life of Mr. Harold McGarity.

HR 1010. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution commending Phyllis Shrader.

HR 1011.

By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution commending Dr. Ethan J. D. Hildreth, the 1998 Henry County STAR Teacher.

HR 1012.

By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution commending Sashi Kiran Lingam, the 1998 Henry County STAR Student.

420

JOURNAL OF THE HOUSE,

HR 1013. By Representatives Brooks of the 54th, Holmes of the 53rd, Stanley of the 49th, Stanley of the 50th, Davis of the 48th and others:
A resolution honoring the life of Robert H. Brisbane, PH.D.

HR 1014. By Representatives Brooks of the 54th, Teague of the 58th, Watson of the 70th, Dukes of the 161st, Mobley of the 69th and others:
A resolution hi remembrance of Mrs. Corine Legg Box.

HR 1015.

By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th and Coleman of the 142nd:
A resolution commending Henry Byrd, the winner of the 1997 Georgia Occu pational Award of Leadership.

HR 1016. By Representative Tillman of the 173rd: A resolution honoring Mrs. Ruth Pope Williams.

HR 1017. By Representative Smith of the 109th: A resolution recognizing and commending Thelma T. Williamson.

HR 1018. By Representative Rogers of the 20th: A resolution commending Lakewood Baptist Church.

HR 1019. By Representatives Dixon of the 168th and Coleman of the 142nd: A resolution expressing regret at the passing of Mr. William E. Cobble.

HR 1020. By Representative Johnson of the 84th: A resolution commending Robert H. Hamrick.

HR 1021.

By Representatives Williams of the 63rd and Bates of the 179th:
A resolution expressing regret at the passing of Mrs. Betty Tigner Turner and recognizing the professorship of nursing which has been established in her honor.

HR 1022. By Representative Harbin of the 113th:
A resolution commending the Georgia Chapter of the Arthritis Foundation and designating March 12,1998, as "Arthritis Awareness Day".

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 1406 Do Pass SB 77 Do Pass, by Substitute SB 78 Do Pass, by Substitute

THURSDAY, FEBRUARY 5, 1998

421

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 con sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1502 Do Pass
Respectfully submitted, /s/ Smith of the 169th
Chairman

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

Mr. Speaker:

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

HB 472 Do Pass, by Substitute HB 957 Do Pass HB 1117 Do Pass, by Substitute

HB 1214 Do Pass HB 1387 Do Pass, by Substitute HB 1390 Do Pass

Respectfully submitted, /s/ Randall of the 127th
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 follow ing recommendations:

HB 674 Do Pass, by Substitute HB 1350 Do Pass, by Substitute HB 1365 Do Pass, by Substitute

HB 1368 Do Pass HB 1437 Do Pass, by Substitute

Respectfully submitted, /s/ Jamieson of the 22nd
Vice-Chairman

Representative Walker of the 141st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

422

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 6, 1998

The House met pursuant to adjournment at 9:30 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 Andenon Ashe Bailey
Bannister Barfoot Barnard Bamee Bate. Benefield Birdsong
Bohannon Bordeaux Bradford Breedlove Bridges Brooks Brown
Buckner Bonn Burkbalter Byrd Canty Cash Childers Clark Coleman, B Coleman, T ConneU Cooper Crawford Crews

Culbreth CuxmninxB
Davis, G Davis, M
Day DeLoach, B Dizon Dobbe Dukes Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves Gnene Grindley Hammontree Manner Harbin Heard Hecht Heckstall Hegstrom Henson Holland Holmes Houston Howard

Hudgens Hudson, H Hudson, N Hugley Jackson James Jamieson Johnson Johnston
Jones Joyce Kaye
Ladd Lakly Lane Lewis Lord
Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall
McClinton McKinney Mills Mobley Mosley Mueller

O'Neal Parham Parrish Parsons Pelote Perry Pinholster Poag Ponder Porter PoweU PurceU Reaves Reichert Rice Richardson Roberts Rogers Royal
Sanders
Sauder Scarlett Scheid
Scott Sbanahan
Shaw SherriU
Shipp
Sims
Sinkfield
Skipper

Smith, C.W Smith, L Smith, L.R Smith, P Smith, V Snelling Snow Stancil, F Stancil, S Stanley, L Stephens Taylor ETeague Teper Tilbnan Titus Tolbert Trense Turnquest
Twiggs
Watson
West
Westmorland
Whi taker
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 Smith of the 169th, Channell of the lllth, Buck of the 135th, Walker of the 87th, Orrock of the 56th, Smith of the 175th, Randall of the 127th, Polak of the 67th, Ray of the 128th, Stanley of the 49th, Jenkins of the 110th and Irvin of the 45th.
They wish to be recorded as present.

Prayer was offered by Rabbi Yossi New, Congregation Beth Tefillah Chabad, Sandy Springs, 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:

FRIDAY, FEBRUARY 6, 1998

423

1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1559. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to change the compensation of the members of the Marion County Board of Education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1560. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service, so as to regulate prepaid calling services.
Referred to the Committee on Industry.

HB 1561. By Representatives Smith of the 175th, Barnes of the 33rd, Taylor of the 134th, Ashe of the 46th, Barnard of the 154th and others:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance requirements for students, so as to require public school students who wish to withdraw from school between their sixteenth and nineteenth birthdays to receive counseling and waive certain privileges and rights to governmental assistance.
Referred to the Committee on Education.

HB 1562. By Representatives Smith of the 175th, Taylor of the 134th, Hugley of the 133rd, Martin of the 145th, Ashe of the 46th and others:
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 pro grams, so as to provide for the annual submission to the board of regents of a list prepared by each public college or university in this state and each pri vate college or university receiving state funds to be composed of the number of students of such respective schools who were required to enroll in remedial courses.
Referred to the Committee on University System of Georgia.

424

JOURNAL OF THE HOUSE,

HB 1563. By Representatives Golden of the 177th, Jamieson of the 22nd, Coleman of the 142nd, Houston of the 166th, Greene of the 158th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities.
Referred to the Committee on Ways & Means.

HB 1564. By Representative Jenkins of the 110th:
A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Anno tated, relating to training for police chiefs and department heads appointed after December 31, 1992, so as to provide that any newly appointed chief of police or department head of a law enforcement unit whose term of employ ment commences after June 30, 1998, shall successfully complete a minimum of 60 hours of law enforcement chief executive training.
Referred to the Committee on Public Safety.

HB 1565.

By Representatives Childers of the 13th, Orrock of the 56th, Smith of the 109th, Buckner of the 95th, McBee of the 88th and others:
A bill to provide for legislative findings and intent; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to venereal dis ease, so as to require coverage of chlamydia screening tests for certain females covered by individual or group accident and sickness insurance poli cies or managed care plans.

February 5, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1565. This notice is made prior to or upon reading the bill the first time.
/s/ E. M. Childers Representative 13th District
Referred to the Committee on Health & Ecology.

HB 1566. By Representative Williams of the 83rd:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, the "Ethics in Government Act," so as to prohibit campaign contribu tions from public officers to the Attorney General or any candidate for that office; to amend Chapter 15 of Title 45 of the Official Code of Georgia Anno tated, relating to the Attorney General.
Referred to the Committee on Rules.

HB 1567. By Representatives Bannister of the 77th, Davis of the 60th, Johnson of the 84th, Johnston of the 81st, Breedlove of the 85th 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 registration and license requirements and penalties; to change certain provi sions relating to transfer of license plates and revalidation decals.
Referred to the Committee on Motor Vehicles.

FRIDAY, FEBRUARY 6, 1998

425

HB 1568. By Representatives Bannister of the 77th, Hammontree of the 4th, Davis of the 60th and Mann of the 5th:
A bill to amend Article 1 of Chapter 2 and Chapter 3 of Title 53 of the Offi cial Code of Georgia Annotated, known as the "Revised Probate Code of 1998," relating to general provisions relative to descent and distribution, and year's support, so as to provide additional rules for intestate succession by a deserting spouse or parent.
Referred to the Committee on Judiciary.

HB 1569. By Representatives Bannister of the 77th, Davis of the 60th, Johnson of the 84th, Johnston of the 81st, Breedlove of the 85th 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 transfer of license plates and revalidation decals; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that motor vehicles shall not be returned for ad valorem taxation nor shall such taxes be due or collected under certain circumstances.
Referred to the Committee on Ways & Means.

HB 1570. By Representatives Bannister of the 77th, Wiles of the 34th, Davis of the 60th, Hammontree of the 4th and Mann of the 5th:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that a judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference.
Referred to the Committee on Special Judiciary.

HB 1571. By Representative Richardson of the 26th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Arti cle 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change grounds for termina tion of parental rights.
Referred to the Committee on Judiciary.

HB 1572. By Representative Stephens of the 150th:
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 complete income tax credit for active and retired members of the Georgia National Guard.
Referred to the Committee on Ways & Means.

HB 1573. By Representative Barnard of the 154th:
A bill to amend an Act providing a new charter for the City of Hagan, so as to provide for staggered terms of office for the mayor and city council.
Referred to the Committee on State Planning & Community Affairs - Local.

426

JOURNAL OF THE HOUSE,

HB 1574. By Representative Greene of the 158th: A bill to create the Quitman County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1002. By Representative Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to specify the educational purposes and programs for which lottery proceeds may be appropriated and expended.
Referred to the Committee on Industry.

HR 1004. By Representative Jones of the 71st:
A resolution declaring the State of Georgia and the Ivory Coast to be sister states.
Referred to the Committee on Rules.

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

HB 1537 HB 1540 HB 1541 HB 1542 HB 1543 HB 1544 HB 1545 HB 1546 HB 1547 HB 1548 HB 1549 HB 1550 HB 1551 HB 1552 HB 1554 HB 1555 HB 1557

HB 1558 HR 994 HR 995 HR 996 HR 997 HR 998 HR 999 HR 1000 SB 411 SB 489 SB 517 SB 522 SR 490 HB 1538 HB 1539 HB 1553 HB 1556

Pursuant to Rule 52, Representative Manner of the 159th moved that the following Bill of the House be engrossed:

HB 1538.

By Representatives Manner of the 159th, Parrish of the 144th and Barnes of the 33rd:
A bill to amend Code Section 40-2-48 of the Official Code of Georgia Anno tated, relating to license plates promoting the United States Disabled Ath letes Fund, so as to change certain provisions relating to annual renewal; to change certain provisions relating to manufacturing costs.

The motion prevailed.

Pursuant to Rule 52, Representative Titus of the 180th moved that the following Bill of the House be engrossed:

FRIDAY, FEBRUARY 6, 1998

427

HB 1539.

By Representatives Titus of the 180th, Yates of the 106th, Parsons of the 40th, Bates of the 179th, Sanders of the 107th 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 green treefrog as the official state amphibian.

The motion prevailed.

Pursuant to Rule 52, Representative Henson of the 65th moved that the following Bill of the House be engrossed:

HB 1553. By Representatives Henson of the 65th, Walker of the 141st, Irvin of the 45th, Skipper of the 137th, Ashe of the 46th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Anno tated, relating to campaign contribution disclosure reports, so as to provide for the filing of supplemental campaign contribution disclosure reports by certain candidates and campaign committees.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Anderaon
Ashe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux N Bradford
Breedlove N Bridges Y Brooks N Brown YBuck YBuckner NBunn Y Burkhalter YByrd Y Campbell
Y Canty NCaab YChannell
YCbUden N Clark
NCoan YColeman, B
Y Coleman, T Y Cornell Y Cooper YCrawford
Y Crews

Culbreth Y Cuouuings
YDavis,G NDavis, M YDay
YDeLoach, B NDeLoach, G
Dix YDiion YDobbs Y Dukes YEhrbart YEppa Y Evans YEverett
Y Felton YFloyd N Franklin Y Golden Y Graves YGreene N Grindley
N Hammontree Y Banner Y Harbin
Y Heard YHecht YHeckstaU YHegstrom Y Henson
Y Holland Y Holmes Y Houston
Y Howard Y Hudgens
Y Hudson, H

Y Hudson, N
YHvigley Ylrvin Y Jackson
Y James Y Jamieson
Jenkins Johnson
Y Johnston Y Jones N Joyce
Kaye YLadd NLakly YLane YLee
N Lewis YLord Y Lucas Y Maddox
NMann Y Manning
Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton
McKinney NMills Y Mobley YMosley
Mueller O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry N Pinholster
YPoag YPolak
Y Ponder Y Porter YPowell YPurcell YRagas
Randall Ray Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
N Sanders Y Sauder
Scarlett
Y Scheid Y Scott YShanahan
YSbaw YSherrill YShipp YSims Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L

N Smith, L.R Y Smith, P
Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStallings YStancil, F NStancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor ETeague YTeper
Y Thomas YTiUman Y Titus
YTolbert YTrense YTurnqueet YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmoreland YWhitaker N Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan N Yates
Murphy, Spkr

On the motion, the ayes were 133, nays 27. The motion prevailed.

Pursuant to Rule 52, Representative Polak of the 67th moved that the following Bill of the House be engrossed:

428

JOURNAL OF THE HOUSE,

HB 1666. By Representatives Polak of the 67th, Smyre of the 136th, Walker of the 141st, Irvin of the 45th, Ashe of the 46th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to amend numeric grade averages required for certain grants and scholarships for students graduating from high school in 2000 or thereafter; to provide criteria for eligibility and ineligibility for HOPE grants, HOPE scholarships, HOPE GED vouchers, HOPE teacher's scholarships, and PROMISE teacher's scholarships.
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:

HB 1518 Do Pass HB 1525 Do Pass HB 1527 Do Pass

HB 1533 Do Pass HB 1534 Do Pass

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

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

HB 1518.

By Representative Tolbert of the 25th:
A bill to abolish the office of County Treasurer of Jackson County and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited, and disbursed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1525. By Representative Barnard of the 154th: A bill to provide a new charter for the City of Manassas.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1527.

By Representatives Stallings of the 100th and West of the 101st:
A bill to provide that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes.

FRIDAY, FEBRUARY 6, 1998

429

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1533.

By Representative Massey of the 86th:
A bill to amend an Act re-creating and establishing a Board of Commission ers of Barrow County, so as to provide for redistricting.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1534. By Representative Massey of the 86th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for redistricting.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1278. By Representatives Scott of the 165th and Hudson of the 156th:
A bill to amend an Act amending an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide a date for a referendum.

HB 1279. By Representatives Scott of the 165th and Hudson of the 156th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to change the terms of office of certain council dis tricts.

HB 1407. By Representatives McClinton of the 68th, Polak of the 67th, Mobley of the 69th and others:
A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to repeal certain duties and powers of the city man ager with respect to educational affairs.

430

JOURNAL OF THE HOUSE,

SB 426. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th:
A bill to amend Code Section 50-3-4.1 of the Official Code of Georgia Anno tated, relating to displaying copies of national motto and American and Georgia flags in certain places.

SB 437. By Senators Tysinger of the 41st, Hooks of the 14th, Starr of the 44th and Perdue of the 18th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain publication requirements for competitive bids; to require reporting of certain bid opportunities; to change the provisions regarding publishing notice of proposed projects requiring pro fessional services and definitions and exemptions relating thereto.

SB 471. By Senators Brush of the 24th and Thompson of the 33rd:
A bill to amend Code Section 40-2-77 of the Official Code of Georgia Anno tated, relating to special license plates for antique or hobby or special inter est vehicles, so as to change the authorized dimensions of such special license plates.

SB 510. By Senators Perdue of the 18th, Oliver of the 42nd, Stokes of the 43rd and others:
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 1998"; to define the offense of family violence assault; to provide penalties for such offense; to provide a specific penalty for the offense of simple assault against a person who is 65 years of age or older.

SB 531. By Senators Walker of the 22nd, Harbison of the 15th and Thomas of the 10th:
A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provisions relating to eligibility for assistance; to change the provisions relating to assistance for qualified aliens.

SB 533. By Senators Perdue of the 18th, Walker of the 22nd and Middleton of the 50th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to redesignate the Joint Board of Family Practice as the Georgia Board for Physician Workforce; to provide for board composi tion, qualifications, terms, vacancies, organization, expense and allowance, staff, and advisory committees; to provide for the purposes, responsibilities, duties, and powers of the board.

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 Anno tated, 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.

FRIDAY, FEBRUARY 6, 1998

431

HB 1131.

By Representatives Childers of the 13th, Martin of the 47th, Snow of the 2nd and others:
A bill to amend an Act reorganizing the delivery of certain mental health and other services, so as to repeal a certain automatic repealer.

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

SB 426. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th:
A bill to amend Code Section 50-3-4.1 of the Official Code of Georgia Anno tated, relating to displaying copies of national motto and American and Georgia flags in certain places.
Referred to the Committee on State Planning & Community Affairs.

SB 437. By Senators Tysinger of the 41st, Hooks of the 14th, Starr of the 44th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain publication requirements for competitive bids; to require reporting of certain bid opportunities; to change the provisions regarding publishing notice of proposed projects requiring pro fessional services and definitions and exemptions relating thereto.
Referred to the Committee on Industry.

SB 471. By Senators Brush of the 24th and Thompson of the 33rd:
A bill to amend Code Section 40-2-77 of the Official Code of Georgia Anno tated, relating to special license plates for antique or hobby or special inter est vehicles, so as to change the authorized dimensions of such special license plates.
Referred to the Committee on Motor Vehicles.

SB 510. By Senators Perdue of the 18th, Oliver of the 42nd, Stokes of the 43rd and others:
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 1998"; to define the offense of family violence assault; to provide penalties for such offense; to provide a specific penalty for the offense of simple assault against a person who is 65 years of age or older.
Referred to the Committee on Special Judiciary.

SB 531. By Senators Walker of the 22nd, Harbison of the 15th and Thomas of the 10th:
A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provisions relating to eligibility for assistance; to change the provisions relating to assistance for qualified aliens.
Referred to the Committee on Children and Youth.

432

JOURNAL OF THE HOUSE,

SB 533. By Senators Perdue of the 18th, Walker of the 22nd and Middleton of the 50th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to redesignate the Joint Board of Family Practice as the Georgia Board for Physician Workforce; to provide for board composi tion, qualifications, terms, vacancies, organization, expense and allowance, staff, and advisory committees; to provide for the purposes, responsibilities, duties, and powers of the board.
Referred to the Committee on Health & Ecology.

Representative Mann of the 5th arose to a point of personal privilege and addressed the House.

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

HR 1023.

By Representatives Davis of the 48th and McKinney of the 51st:
A resolution recognizing U.S. Representative Cynthia McKinney from the llth District of Georgia, and U.S. Representative Loretta Sanchez from the State of California, and inviting them to appear before the House of Repre sentatives.

The following Resolutions of the House were read and adopted:

HR 1025. By Representative Lord of the 121st: A resolution honoring Mr. John Henson.

HR 1026. By Representatives Pinholster of the 15th and Stencil of the 16th:
A resolution recognizing and commending Judy Boggus and Don Boggus, Sr., of Pickens County.

HR 1027. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution recognizing and commending Janet L. Short.

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

HB 1263.

By Representative Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regula tion Act," so as to change certain time periods within which real estate appraisers are required to take certain actions.

The following amendment was read and adopted:

Representative Powell of the 23rd moves to amend HB 1263 by striking the term "one
month" and inserting in its place the term "30 days" on lines 8, 37, and 42 of page 2; lines 1, 15, and 31 of page 3; lines 11 and 42 of page 4; and lines 5, 10, 16, and 30 of page 5.

FRIDAY, FEBRUARY 6, 1998

433

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1294.

By Representatives Powell of the 23rd and Hudson of the 156th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to coin operated amusement machines, so as to redefine a term used in such chapter; to correct a cross reference; to change the provi sions relating to the display of stickers issued for coin operated amusement 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 ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1252. By Representatives Parham of the 122nd, Twiggs of the 8th, Martin of the 145th, Parrish of the 144th, Stephens of the 150th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs; to delete certain penalty provisions relating to carisoprodol.

The following amendment was read and adopted:

Representative Parham of the 122nd moves to amend HB 1252 by striking line 13 on page 4 and inserting in lieu thereof the following:
"(1042.7) Zinc acetate -- see exceptions;'."
By striking the quotation marks and period at the end of line 9 and inserting between lines 9 and 10 on page 5 the following:
"(29.5) Zinc acetate -- when used in topical preparations;'."

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 Andenon
Ashe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes
Bates YBenefield
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 YCash

YChannell ChUders
Y Clark YCoan Y Coleman, B
Coleman, T Y Connell Y Cooper
Y Crawford Y Crews
Culbreth Y Cununincs
Y Davis, G

Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dii YDiion
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 Y Heckstall Y Hegstrom

434

JOURNAL OF THE HOUSE,

YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson
JenkinB Johnson Y Johnston Y Jones Y Joyce Kaye YLadd YLakly YLane YLee

Y Lewis YLoid Y Lucas YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMawey YMcBee YMcCaU Y McClinton
McKinney Y Mills YMobley Y Motley YMueller
OTMeal YOrrock
YParham Y Parish Y Parsons
YPelote

Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell
YRagas YRandall
Ray Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid YScott

Y Shanahan YShaw
Sherrill
YShipp Sims
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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens

Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert
Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1199.

By Representatives McBee of the 88th, Martin of the 47th and Hudgens of the 24th:
A bill to amend Code Section 36-32-22 of the Official Code of Georgia Anno tated, relating to establishment and membership of the Georgia Municipal Courts Training Council, so as to change the method for the appointment of members of the Georgia Municipal Courts Training Council.

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

Alien YAndenon
Ashe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter
YByrd Y Campbell
Canty YCash Y Channell YChilders Y Clark

YCoan YColeman, B YColeman, T YConneU Y Cooper Y Crawford Y Crews YCulbreth Y Cummings
Y Davit, G Y Davis, M
YDay DeLoach, B
YDeLoach, G Dix
YDixon YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley

Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson
JenkinB Y Johnson Y Johnston Y Jones Y Joyce
Kaye YLadd YLakly YLane

YLee Y Lewis
Lord Y Lucas Y Maddox YMann Y Mmming Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU 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 YPowell YPurcell YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid YScott
Sh&n&h&n
YShaw Y Sherrill
YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R

FRIDAY, FEBRUARY 6, 1998

435

Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStallings

Y Stencil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens YTaylor E Teague

Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense
Turnquest

Y Twiggs Y Walker, L Y Walker, R.L Y Watson 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Anno tated, relating to dissemination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that owners of rental dwellings may obtain criminal history records of prospective renters with the consent of the person whose records are requested.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dis semination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that tenants and owners of rental dwellings may obtain criminal history records of prospective renters with the consent of the person whose records are requested; to provide for notification of adverse rental decisions; 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 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, is amended by striking in its entirety paragraph (1) of subsection (a) of said Code section and insert ing in lieu thereof a new paragraph (1) to read as follows:
"(1) Make criminal history records maintained by the center available to but not lim ited to private persons and businesses2 including but not limited to tenants and own ers of rental dwellings or their authorized agents, under the following conditions:
(A) Private individuals and businesses^ including but not limited to tenants and owners of rental dwellings or their authorized agents, requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; or".
SECTION 2. Said Code section is further amended by striking in its entirety subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In the event that an employment or rental decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the business or person making the adverse employment or rental decision of all infor mation pertinent to that decision. This disclosure shall include information that a record

436

JOURNAL OF THE HOUSE,

was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person sub ject to the adverse decision shall be a misdemeanor."
SECTION 3. This Act shall become effective on the first day of January following its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YABhe Y Bailey Y Bannister YBarfoot Y Barnard YBaroes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash
Channel! YChilders Y Clark YCoan Y Coleman, B YColeman, T YConnell Y Cooper Y Cntwiord Y Crews

Y Culbreth Y CummingB Y Davis, G Y Davis, M
YDay DeLoach, B
YDeLoach, G Dix
YDixon YDobbs Y Dukes YEhrhart YEpps
Evans YEverett YFelton YFloyd Y Franklin
Y Golden Y Graves YGreene
Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson
Y James YJamieson
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
Mosley Y Mueller YO'Neal YOrrock
YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Ponder Y Porter YPoweU YPurcell YRagas YRandall YRay
Reaves YReichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders YSauder YScarlett YScheid
YScott 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
Smith, V Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Stephens YTaylor ETeague YTeper Y Thomas Y Tillman Y Titus YTolbert YTranse Turnquest YTwiggs Y Walker, L Y Walker, RL YWateon
YWest Y Westmorland
Whitaker Y Wiles Y Williams, B Y Williams, J YWUliama, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Smith of the 102nd and Channel! of the lllth 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 1214. By Representatives Sims of the 167th, DeLoach of the 119th, Lord of the 121st, West of the 101st and Randall of the 127th:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide for liens of funeral directors.

FRIDAY, FEBRUARY 6, 1998

437

Representative Jackson of the 112th moved that HB 1214 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien N Andenon YAshe
Bailey N Bannister YBarfoot Y Barnard NBarnes N Bates NBenefleld NBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove N Bridget N Brooks Y Brown NBuck
NBuckner YBunn YBurkhalter YByrd Y Campbell N Canty YCaeh N Channel! Y Childers N Clark
Coan YColeman, B N Coleman, T NConneU Y Cooper
Crawford Y Crews

Y Culbreth Y CununinffB
Davis, G Y Davis, M NDay YDeLoacb, B
NDeLoach, G Dii
NDUon YDobbe N Dukes YEhrhart
NBpps Y Evans YEverett YFelton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree Y Manner Y Harbin N Heard NHecht NHeckstall YHegstrom YHenson N Holland
N Holmes N Houston N Howard YHudgens Y Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson NJenkins Y Johnson Y Johraton
Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis YLord N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall Y McClinton Y McKinney Y Mills NMobley YMosley Y Mueller NO'Neal YOrrock NParham

NParrUh Y Parsons NPelote
Perry Y PinhoUter NPoag NPolak Y Ponder
Porter NPowell YPureell NRagas NRandall NRay Y Reaves Y Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder NScarlett Y Scheid Y Scott
Shanahan NShaw NSherrill YShipp NSims 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
Smyre YSnelUng YSnow NStallings N Stancil, F Y Stand], S N Stanley, L N Stanley, P Y Stephens NTaylor ETeague YTeper N Thomas NTUlman Y Titus YTolbert YTrense YTurnquert NTwiggs N Walker, L
Walker, R.L Y Watson NWest Y Westmoreland NWhitaker Y Wiles
Williams, B
Y Williams, J
Y Williams, R
YWorthan
YYates Murphy, Spkr

On the motion, the ayes were 90, nays 75. The motion prevailed.

Representative Smith of the 103rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1299.

By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, relating to instructors in driver training and operators of driver train ing schools, so as to change certain provisions relating to exceptions from operation of chapter.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to change cer tain provisions relating to exceptions from operation of chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by striking Code

438

JOURNAL OF THE HOUSE,

Section 43-13-10, relating to exceptions from operation of chapter, and inserting in lieu thereof the following:
"43-13-10. (a) This chapter shall not apply to tat accredited secondary school, a junior college; or college conducting a driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality. (b) The provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools conducting driver training courses and to instructors therefor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaroes
Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash YChannell
Y Guilders Y Clark YCoan Y Coleman, B YColeman,T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cunmiinx8 Y Davis, G Y DaTM, M YDay Y DeLoach, B Y DeLoach, G
Dii YDiion YDobbs
Y Dukes Ehrhart
YEpps Y Evans YEverett Y Felton YPloyd YPranklin
Golden Y Graves YGreene
Y Grtodley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall YHegatrom
Henson Y Holland
Y Holmes Y Houston 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
Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney YMills Y Mobley YMosley Y MueUer YO'Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell 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 Y Smith, P Y Smith, T Y Smith, V
Smyre Y SneUing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor ETeague YTeper
Y Thomas YTUlman
Y Titus Y Tolbert YTrense
Y Tumquest YTwiggs Y Walker, L
Walker, R.L Y Watson YWest Y Westmorland Y Whitaker YWUes
Williams, 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 substi tute.

HB 1096.

By Representative Cummings of the 27th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that in the event a person designated as the pri mary beneficiary by a member of a public retirement or pension system does not survive the member by at least 32 days, any survivor's benefits shall be paid to the secondary beneficiary.

FRIDAY, FEBRUARY 6, 1998

439

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that in the event a person designated as the primary beneficiary by a member of a public retire ment or pension system does not survive the member by at least 32 days, any survivor's benefits shall be paid to the secondary beneficiary; 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:
"47-1-14. Unless otherwise expressly stated elsewhere in this title, in the event a person desig nated by a member of a public retirement or pension system created by this title as the primary beneficiary of a survivor's benefit provided by such system does not survive the member by at least 32 days, any such benefits shall be paid to the secondary beneficiary, or as otherwise provided by law."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Andenon
YAshe
Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Bates YBenefield YBirdsong YBohannon Y Bordeaux
Y Bradford YBreedlove Y Bridges Y Brooks
Y Brown YBuck YBuckner YBunn
YBurkhalter YByrd Y Campbell

Y Canty Y Cash Y Channel!
Y Childen Y Clark Y Conn 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
Dii Y Dizon
Y Dobbs Y Dukes Y Ehrnart

Y Epps Y Evans Y Everett
Y Felton Y Floyd Y Franklin
Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin
Y Heard Y Hecht Y Heckstall Y Hegstrom
Y Henson Holland
Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Y Irvin
Y Jackson Y James YJamieson YJenkms Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd
Y Lakly Y Lane Y Lee Y Lewis
Y Lord Y Lucas
Maddox Y Mann
Y Manning Y Martin, J Y Martin, J.L

Y Money Y McBee Y McCall
Y McClinton McKinney
Y Mills 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
YPowell Y Purcell Y Ragas

440

JOURNAL OF THE HOUSE,

Randall YRay Y Reaves Y Reichert YRice Y Richardson
Y Roberta Y Rogers Y Royal
Y Sanders YSauder YScarlett

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 YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P

Y Stephens Y Taylor ETeague YTeper Y Thomas YTiUman Y Titus Y Tolbert
YTrense Y Turnquest
YTwiggs Y Walker, L

Y Walker, R.L Watson
YWest Y Westmoreland
Whi taker 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1156.

By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to change the provisions relating to denial of hospital staff privileges.

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 YAnderson
YAahe Y Bailey 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 Cash
Y Channel!
Y Childers Y Clark YCoan Y Coleman. B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cumniiiiffs
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix YDixon
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 YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens
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 MueUer YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell 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
Smyre YSnelling
YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTiUman
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs
Walker, L
Y Walker, R.L Y Watson YWwt Y Westmoreland
Y Whitaker Y Wiles
Williams, B
Y Williams, J Y Williams, R YWorthan
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.

FRIDAY, FEBRUARY 6, 1998

441

Representative Cash of the 108th 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 1270.

By Representatives Twiggs of the 8th, Poag of the 6th, Johnston of the 81st, Coleman of the 142nd, Martin of the 47th and others:
A bill to amend Article 2 of Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to minimum requirements for local fire depart ments, so as to change the provisions relating to notification that an organi zation meets requirements to function as a fire department.

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

Y Alien YAnderaon YAshe Y Bailey
Bannister YBarfoot Y Barnard
Y Baron Y Bates YBenefield YBirdsong Y Bohjuwon Y Bordeaux Y Bradford YBreedlove Y Bridget Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YBjnd Y Campbell Y Canty
Cash Y Channel!
Childers Y Clark
Coan Y Coleman, B Y Coleman, T YConuell Y Cooper Y Crawford Y Crews

Y Culbreth Y CununinxB
YDavis,G Y Davis, M YDay YDeLoach, B Y DeLoach, G
Dix YDixon YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGnene YGrindley
Y Hatnynontrftft
Y Manner
Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson
E Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly
Lane YLee Y Lewis YLord Y Lucas YMaddoi
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
Ponder
Y Porter Y Powell YPurcell
YRagas Randall
YRay Y Reaves Y Reicherf YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan
YShaw Y Sherrill YShipp
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
Smyre YSneUing YSnow YStallings Y Stancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles
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 Cash of the 108th 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 1351.

By Representative Lane of the 146th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and mini mum and maximum size limits for certain finfish species and species groups, so as to change certain possession, creel, and size limits for certain species.

442

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Games, Fish and Parks moves to amend HB 1351 by striking in its entirety line 21 of page 5 and inserting in lieu thereof the following:
"possession limits pursuant to subsection subsections (b) and (c) of this Code".

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 YAnderson YAshe Y Bailey Y Bannister YBarfoot N Barnard YBaraes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter NByrd Y Campbell Y Canty YCash Y Channel! YChilden 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 NDay YDeLoach, B YDeLoach, G
Diz YDizon
YDobbs Y Dukes YEairhart
YEpps Y Evans
YEverett YFelton YFloyd N Franklin
Y Golden Y Graves YGreene Y Grindley
Y Hammontree Y Banner
Y Harbin Y Heard YHecht
YHeckstall YHegstrom YHenson E Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N YHugley 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 YMaddox YMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney
YMills Y Mobley NMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Ponder
Y Porter Y Powell YPurcell
YRagas RandaU
YRay Y Reaves YReichert
YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid 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 N Smith, T Y Smith, V
Smyre YSnelling YSnow Y Stalling Y Stancil, F Y StancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Y Thomas YTiUman Y Titus YTolbert
YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spier

On the passage of the Bill, as amended, the ayes were 165, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1352. By Representative Lane of the 146th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relat ing to identification of boats taking shrimp; to provide for a recreational fish ing license for all waters of this state.

The following Committee substitute was read:

FRIDAY, FEBRUARY 6, 1998

443

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the salt-water separa tion point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state; to provide for auto mated licensing technology; to eliminate a certain nonresident hunting license exemption; to establish a primitive weapons license and impose certain requirements thereon; to redesignate certain other combined licenses; to require a license for the hunting of feral hogs; to change the license fee for one-day fishing licenses; to clarify certain weapons requirements for small game and big game hunting; to correct certain cross-references; 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. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (73) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(73) 'Waters of this state' means aB fresh water this state any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state except ponds or lakes not open to the public, whether such ponds or lakes are within the lands of one title or not."
SECTION 2. Said title is further amended by striking in its entirety Code Section 27-2-1, relating to hunting, trapping, or fishing without a license or permit generally, and inserting in lieu thereof the following:
"27-2-1.
(a) It shall be unlawful for any person to hunt, fish, trap, or possess any wildlife or feral hog without first procuring all of the licenses, stamps, or permits required or authorized under this title. (b) It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate family and except when otherwise specifically directed by authorized per sonnel of the department. (c) It shall be unlawful for any person not a resident of Georgia who has attained the age of 16 years to hunt, fish in the waters of this state, or trap in this state without a valid nonresident hunting, fishing, or trapping license, respectively, as provided in Code Section 27-2-23, except as provided m this subsection ad except as otherwise spe cifically provided by law and interstate agreements. It shall be unlawful for any nonresi dent to hunt, fish in the waters of this state, or trap without carrying such license on his or her person, unless otherwise specifically directed by authorized personnel of the
QCpflTtlUBIllT A pCPSOll ftOr ft PCS 1C* C lit Of \J COPJflfl WI1O M Uie OWUfci? Ox Tre ICflSc OU UCrOfl
ef tad in this state, nd the immediate feflrily ef seh person, may hant en that tend without purchasing hunting license tf the nonresident landowner has filed with the deportment tot affidavit, tot a fetta provided fey the department, specifying the members ef the nonresident's immediate family who are authorized te hunt en said tend and includiR ft certified copy or tiie deed to sucri iCLUCK
SECTION 3. Said title is further amended by striking in its entirety Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"27-2-2.
(a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term 'license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be either bonded license agents er cash license agents.
(b) Each saeh bended license agent shaH may be required to: (1) Remit to the department a premium which shall entitle him or her to coverage under a blanket performance bond provided by the department. The premium, which may include the reasonable cost of administering a self-insurance program, shall be in an amount determined by the commissioner and shall be due and payable annually upon billing by the department;
(2) Account for all license sales and the cash monetary receipts from such sales in a monthly repert reports to the department, which report reports shall be dae e later than the tenth day ef 4he meath following the gate on a schedule and in a form speci fied by the written agreement between the agent and the department. Failure to remit license sales receipts as specified in the agreement may result in suspension of the agent's ability to sell licenses;
(3) Account for aH licenses issued to him whenever requested to de se by th depart

(4) Send to fee department completed sttrvey labels from each sheet ef- liccnsca sold; {6}(3) Receive for himself or herself no more than 60cent0 for each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the agent may receive $1.25 for each license issued, and except for licenses sold by tele phone by an approved telephone agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that a telephone agent shall not receive any additional fee per license sold during a telephone transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call shall con stitute a single transaction; and (6) Return to the deportment all unsold licenses within 30 days- after the expiration of- seh licenses. (4) Any person who applies to be a license agent after June 30, 1998, shall be assessed a fee not to exceed the fair market cost of automated licensing equipment the depart ment shall install in such agent's place of business. Such fees shall be due and payable upon installation of the automated equipment. (c) The commissioner may either purchase a blanket performance bond for the depart ment's bonded license agents from or through the Department of Administrative Ser vices or any other source or establish a self-insurance bond by retaining all moneys paid to the department for the premium established pursuant to subsection (b) of this Code section, all moneys received as interest, and nonappropriated funds received from other sources to establish and maintain a reserve fund for the purpose of making payments to the department upon the defalcations of bonded license agents and defraying the expenses necessary to administer the program; provided, however, that no revenue col lected from taxes, fees, and assessments for state purposes shall be deposited in such fund. The commissioner shall invest any such moneys in the same manner as other mon eys in his or her possession. The commissioner is authorized, in his or her discretion, to contract for any or all of the services necessary to carry out the functions enumerated in this Code section. (d) Each cash license agent shall: (1) Remit to fee deportment, advance, th net eest ef-ay liccnsca ordered for sate} ':3) Account for aH licenses issued to him whenever requested to de se by th deport

(3) Send to the department completed swvey labels from eah sheet ef- licenses sold; (4) Receive for himaclf e were than 60 cent0 for ah license issued, xeept for eBrcaidcnt hunting licenses aad nonresident big gae licenses, for which- th agent may receive $1.26 for each Keens* issued; and

FRIDAY, FEBRUARY 6, 1998

445

(6) Return te the deportment ati ansekt licenses within- 30 days after the expiration
Of SUCll 11C6Q8C97 fill X1H9O1CI 11CCH9C9 FCtUHlCtr Will DC CFCullCQ tty ul QCpflTtUlCftt IOV
new licenses er refunds wffl be made te fee ageafe {e)(d) Prior to gelling any license, except for a license sold over the telephone by an approved; bonded telephone license agent, each bonded license agent ami eaeh cash license agent shall require each person desiring to purchase a license to display a driver's license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a bonded r cash license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the agent's authority until the agent has been given ten days' written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the agent a hearing in the county of said agent's residence on the reasons for withdrawal."
SECTION 4. Said title is further amended by striking in its entirety Code Section 27-2-3.1, relating to archery and firearms combination hunting licenses, and inserting in lieu thereof the follow ing:
"27-2-3.1.
(a) Persons hunting during any archery season or primitive weapons season must pur chase either a primitive weapons license or an archery license, unless otherwise provided by this title. W(b) The requirements in this title for procuring licenses for archery, primitive weap ons, big game, and small game hunting shall be satisfied by a resident who purchases an archery aad firearms combination hunting all weapons hunting license. Such license does not satisfy the obligation to obtain a wildlife management area stamp license, an official Georgia waterfowl stamp license, or a migratory bird stamp license. {b)(c) The requirements in this title for procuring any license; stomp, or permit for non commercial hunting and fishing privileges shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program. {eHd) All licenses, stamps, or permits for noncommercial hunting and fishing privileges must be attached to a license card earner supplied or printed on a form provided by the department and completed with which must include the applicant's name, address, telephone number, height, weight, date of birth, and hunter safety certification number."
SECTION 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 27-2-4, relating to honorary hunting and fishing licenses, and inserting in lieu thereof the following:
"(c) Any person holding a valid honorary license pursuant to this Code section shall not be required to obtain the trout stamp license and big game license otherwise required by Code Section 27-2-6."
SECTION 6. Said title is further amended by striking in its entirety Code Section 27-2-4.1, relating to reciprocity for Florida residents over 65 years of age, and inserting in lieu thereof the fol lowing:
"27-2-4.1.
No fishing license shall be required for any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age. Florida residents exempted from the require ment of obtaining a fishing license under this Code section shall be entitled to fish in this state without the payment of any fee whatsoever, except that in order to engage

446

JOURNAL OF THE HOUSE,

in the activities regulated by subsection (a) of Code Section 27-2-6 such a Florida resi dent must have paid the fee otherwise required for a trout stamp license and must have in his or her possession such proof of such payment as may be prescribed by the depart ment. Florida residents exempted from the requirement of obtaining a fishing license under this Code section are subject to all wildlife laws, rules, and regulations with the exception of provisions requiring fishing licenses. The privileges granted to a Florida res ident under this Code section may be suspended or revoked on the same grounds and in the same manner as fishing licenses are suspended and revoked. A Florida resident fishing as authorized by this Code section shall carry upon his or her person proof of his or her age and residence."
SECTION 7. Said title is further amended by striking in its entirety Code Section 27-2-6, relating to trout stamp, waterfowl stamp, and big game license, and inserting in lieu thereof the fol lowing:
"27-2-6.
(a) It shall be unlawful for any resident of this state who has attained the age of 16 years and for any nonresident, regardless of age, to fish for or possess mountain trout or to fish in any waters designated in this title as trout waters or trout streams unless such person has in his or her possession a trout stamp attached te his spert fishing license with the name ef seh person signed aeress the face ef-the stamp license in addi tion to his or her fishing license. (b) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of age, to hunt or possess big game unless such per son has in his or her possession a big game license in addition to the required hunting license; provided that; if the affidavit required by subsection <e> ef- Ged Seetie 27-2-1 has bees filed with the deportment, it shaM net fee unlawful for nonrcaidcnt who was at least 69 acres ef land this state; and the immediate family ef the nonresident, te htmt big game en the land without purchasing a big game license. (c) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of age, to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl stamp license in addi tion to the required hunting license; provided that, if the affidavit required by subscc tion \7 ef ijodc oeetien ai*& \. nas Dccn iiicd wiwi tnc department; tt snou not DC unlawful f&f ft nonresident who owns at least tw acres or land in tnis state, and tnc immediate family ef-the nonresident, te htmt eteeksy geese; or swans- en- the land- without purchasing an official Georgia waterfowl stamp. (d) No resident of this state shall be required to obtain a trout stamp license, official Georgia waterfowl stamp license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (e) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout stamp license when fishing in impounded waters on lands owned or leased by the department."
SECTION 8. Said title is further amended by striking in its entirety Code Section 27-2-20, relating to federal migratory bird hunting and conservation stamp and participation in the federal Migratory Bird Harvest Information Program, and inserting in lieu thereof the following:
"27-2-20.
(a) It shall be unlawful to hunt brant, ducks, geese, and swans in this state without a federal migratory bird hunting and conservation stamp. (b) It shall be unlawful for any person required to obtain a hunting license as provided in Code Section 27-2-1 to hunt any migratory game bird, including brant, ducks, geese, swans, doves, rails, woodcock, snipe, gallinules, and coots, without participating in the federal Migratory Bird Harvest Information Program. Participation in such program shall require the completion of a screening questionnaire prior to obtaining a free Geor gia migratory bird stamp license and the possession of the stamp affixed te a license

FRIDAY, FEBRUARY 6, 1998

447

card- earner or other evidence of participation while hunting migratory birds} provided, D.Owevcrf ui&v ftnyone WHO purcftdses & sportsmsxts license HCCQ not possess d ocof^tti migratory bifd stamp white hunting migratory game birds."

SECTION 9. Said title is further amended by striking in its entirety Code Section 27-2-23, relating to license, permit, and stamp fees, and inserting in lieu thereof the following:
"27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses:

(A) Resident hunting license

Season

10.00

(B) Nonresident hunting

license

Season

59.00

(C) Nonresident hunting

license

Seven-day

25.00

(D) Hunting license,

valid for residents and

nonresidents

One-day

5.50

(E) Resident archery license

Season

8.00

(F) Nonresident archery license

Season

25.00

(G) Resident big game license

Season

9.00

(H) Nonresident big game license

Season

118.00

(I) Nonresident shooting preserve

hunting license

Season

12.00

(J) Commercial fox hunting

preserve license

Season

60.00

(K) Commercial fox breeder license

Season

60.00

(L) Waterfowl stamp license

valid for residents and

nonresidents

Season

5.50

(M) Georgia migratory bird

stamp license

Season

Free

(N) Resident archery and

firearms combinatiea

all weapons hunting license

Season

26.00

(O) Resident primitive

weapons license

Season

8.00

(P) Nonresident primitive

weapons license

Season

25.00

(2) Resident hunting/fishing

license

Season

18.00

(3) Resident sportsman's

license

Season

60.00

448

JOURNAL OF THE HOUSE,

(4) Frcah water Recreational fishing licenses:

(A) Resident fishing license

Season

9.00

(B) Nonresident fishing license

Season

24.00

(C) Nonresident fishing license

Seven-day

7.00

(D) Fishing license, valid

for residents and

nonresidents

One-day

4.50

(E) Resident troutstamp license

Season

5.00

(F) Nonresident trout > license

Season

13.00

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

30.00

(B) Nonresident commercial trapping license

Annual

295.00

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

12.00

(B) Nonresident commercial fishing license

Season

118.00

(C) Resident commercial crabbing license

Season

12.00

(D) Nonresident commercial crabbing license

Season

118.00

xx the commiaaioncr dcterminca that

' 4-l J. Q+^.J.-... f^f A t__ Virtyw! n
TiZlC OWIWJS tTT I llUUCUUtt)

Carolina, Setrih Carolina, and- Tennessee has ft nonresident commercial fishing Heense

fee which subotantially exceeds the comparable fee which- Georgia charges a eitieeft of

that contiguous state? thea fee commissioner, notwithstanding fee fee specified by this

oubparagraph, shaH be authorized te incrcaac the nonresident commercial

tieense fee; as applied te citizens f that contiguous -state-, $e -an amount -equal -te -

fee a Georgia eitreefl is required te pay te fish commercially m that contiguous state;

(7) Fur, hide, and pelt licenses:

(A) Resident fur dealer license

Annual

295.00

(B) Nonresident fur dealer license

Annual

415.00

(C) Fur dealer's agent license

Annual

180.00

(8) Miscellaneous licenses and permits:

(A) Retail fish dealer license

Annual

10.00

(B) Wholesale fish dealer license

Annual

59.00

FRIDAY, FEBRUARY 6, 1998

449

(C) Resident game-holding

permit

Annual

5.00

(D) Commercial quail breeder

permit

Annual

30.00

(E) Scientific collecting

permit

Annual

50.00

(F) Wildlife exhibition

permit

Annual

59.00

(G) Commercial shooting preserve license

Annual

150.00

(H) Private shooting

preserve license

Annual

75.00

(I) Blanket commercial shooting preserve license

Annual

500.00

(J) Commercial fish hatchery

license

Annual

59.00

(K) Catch-out pond license

Annual

236.00

(L) Soft-shell crab dealer

license

Annual

10.00

(M) Resident taxidermist license

Three-year

150.00

(N) Nonresident taxidermist license

Three-year

500.00

(O) Falconry permit

Three-year

30.00

(P) Commercial alligator

farming license

Annual

50.00

(Q) Alligator hunting

license

Season

50.00

(R) Wild animal license

Annual

236.00

(S) Wild animal auction license

Seven-day

5,000.00

(T) Resident bait dealer

license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(V) Resident apert batt

shrimping license

Season

g nn

(W) Nonresident apert bait shrimping license

Sease

7fi Of)

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or other wise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this para graph."

450

JOURNAL OF THE HOUSE,

SECTION 10. Said title is further amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"27-3-4.
It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows and compound bows may be used for taking small game or big game. Longbows and compound bows fe* hunting deer re permitted only during -fee regular
nttIlUll 9CA8OR ftUu dUFiH TftC fll*CIlCPy 96ASOH tGf UCCT, provided tftftt 1OD 0OW9 ARu
compound bows have ft minimum ptttt ef 49 pounds. Arrows for hunting deer must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons, longbows, compound bows, muzzleloading rifles of .44 caliber or larger with iron sights only and without telescopic sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; pro vided, however, that firearms for hunting feral hogs, other than those weapons speci fied hi this paragraph, may be authorized by rule or regulation of the board. Handguns capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the expanding type; (4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 Vz inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 rimfire firearms, muzzleloading firearms, longbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;
(5) (A) For hunting deer, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) The use of crossbows for hunting within this state is prohibited except under such circumstances and conditions as the board shall prescribe by rule or regulation. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt deer with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1994, may continue to hunt deer with a crossbow; (7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles, longbows, or compound bows. Any person tak ing turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00; (8) There are no firearms restrictions for taking nongame animals or nongame birds; (9) The use of silencers for hunting within this state is prohibited."
SECTION 11. Said title is further amended by striking in its entirety Code Section 27-3-6, relating to possession of firearm while hunting with bow and arrow, and inserting in lieu thereof the following:
"27-3-6.
It shall be unlawful for any person to possess any type ef center-fire or rimfire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer

FRIDAY, FEBRUARY 6, 1998

451

or while hunting with a muzzleloading firearm during a primitive weapons season for deer."
SECTION 12. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-4-1, relating to salt-water and fresh-water demarcation line, and inserting in lieu thereof the following:
"(a) The line established in this state as the separation point between salt waters and fresh waters for fishing licenses, commercial fishing; and sport fishing is as follows:
(1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Marys River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, Little Ogeechee System (except Salt Creek), North Newport River, Medway River, Big Ogeechee River, and Savannah River. All water seaward of these points shall be con sidered salt water; and (2) The following streams and their tributaries are designated as salt water for then' entire length: Crooked River, Little Satilla River, South Brunswick River, Turtle River, Sapelo River, South Newport River, Salt Creek (Little Ogeechee System), and all other rivers, streams, and tributaries in the six coastal counties which are not enu merated in this subsection."
SECTION 13. Said title is further amended by striking in its entirety Code Section 27-4-31, relating to catch-out pond licenses, and inserting in lieu thereof the following:
"27-4-31.
The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp license and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title. It shall be unlaw ful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in the pond as if the pond were a licensed catchout pond."
SECTION 14. Said title is further amended by striking in its entirety subsection (c) of Code Section 27-4-170, relating to sport bait shrimping, which reads as follows:
"(c) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters printed or affixed thereon as are specified by the department for the boat. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time sport bait shrimping licenses are issued pursuant to Code Section 27-2-23."
SECTION 15. This Act shall become effective July 1, 1998, except that all provisions of Section 3 shall be effective April 1, 1999, not including paragraph (4) of subsection (b) of Code Section 27-2-2 which shall be effective July 1, 1998, and except that Section 9, subparagraph (D) of paragraph (4) of Code Section 27-2-23 shall be effective April 1, 1999.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

452

JOURNAL OF THE HOUSE,

Representative Scarlett of the 174th, et al. move to amend the Committee substitute to HB 1352 by striking lines 19 through 30 of page 1. By striking lines 10 and 11 of page 10 and inserting in lieu thereof the following:
"(4) Fresh-water fishing licenses:". By renumbering Sections 2 through 16 as Sections 1 through 15, respectively.

The following amendment was read:
Representative Rogers of the 20th, et al. move to amend the Scarlett amendment to the Committee substitute to HB 1352 as follows: Amend and add
; "exclude Lake Sidney Lanier" after the word "licenses" on the Scarlett amendment.

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

Alien Y Anderaon
NAshe Y Bailey Y Bannister
NBarfoot N Barnard
NBames Bates
YBenefield
NBircUong NBohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks N Brown NBuck YBuckner YBunn Y Burkhalter NByrd Y Campbell N Canty YCash N Channel! NChildere N Clark YCoan Y Coleman, B NColeman, T NConnell Y Cooper N Crawford Y Crews

N Culbreth N Cummings
Davis, G N Davis, M
YDay NDeLoach, B NDeLoach, G
Diz NDixon
YDobbe Dukes
YEhrhart
NEpps Y Evans
NEverett Felton
Floyd Y Franklin Y Golden N Graves NGreene YGrindley NHammontree N Banner Y Harbin
Heard NHecht
Heckstall NHegstrom NHenson N Holland N Holmes N Houston
Howard NHudgens N Hudson, H

N Hudson, N NHugley Ylrvin N Jackson
N James Y Jamieson NJenkins Y Johnson Y Johnston
N Jones N Joyce YKaye YLadd NLakly NLane
YLee YLevris
Lord N Lucas
Maddox NMann Y NffuminK N Martin, J
Martin, J.L YMassey NMcBee NMcCall N McClinton
McKinney Y Mills
N Mobley NMosley N MueUer NO-Neal
NOrrock Parham

N Fairish Y Parsons NPelote N Perry N Pinholster NPoag
Polak Ponder
N Porter NPowell NPurcell
NRagas YRandaU
YRay N Reaves
N Reichert NRice N Richardson
Roberts Y Rogers N Royal Y Sanders
Y Sauder Y Scarlett YScheid N Scott N Shanahan NShaw NSherrill NShipp NSims N Sinkfield Y Skipper N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V
Smyre N Snelling NSnow NStaUings NStancU, F
N Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor
ETeague NTeper N Thomas Y TUhnan Y Titus Y Tolbert NTrense N Turnquest YTwiggs N Walker, L Y Walker, R.L N Watson NWest N Westmoreland N Whitaker
Y Wiles Williams, B
YWiUiams, J Williams, R
N Worthan NYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 53, nays 104. The amendment was lost.

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

Y Alien Y Andersen
YAshe

N Bailey Y Bannister
NBarfoot

Y Barnard NBarnes
Bates

N Benefield NBirdsong YBohannon

N Bordeaux Y Bradford YBreedlove

FRIDAY, FEBRUARY 6, 1998

453

Y Bridges Y Brooks Y Brown
NBuck Y Buckner YBunn YBurkhalter NByrd Y Campbell Y Canty YCaah N Channel! NChilders Y Clark
YCoao N Coleman, B NColeman, T N Cornell Y Cooper N Crawford Y Crews YCulbreth N CtunminffB
Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G
Dix YDixon
NDobbe N Dukes YEhrhart

NEpps Y Evans NEverett NFelton
Floyd Y Franklin N Golden N Graves NGreene YGrindley Y Hammontree N Banner Y Harbin
Heard NHecht
Heckstall NHegstrom NHenson N Holland Y Holmes N Houston
Howard YHudgens N Hudson, H N Hudson, N N Hugley Ylrvin N Jackson N James NJamieson NJenkins N Johnson Y Johnston

N Jones Y Joyce YKaye YLadd NLakly NLane NLee Y Lewis
Lord N Lucas
Maddox YMann Y bfftnninff N Martin, J
Martin, J.L YMassey NMcBee NMcCall N McClinton
McKinney Y Mills
N Mobley NMosley NMueller NO'Neal
NOrrock Parham
NParrish N Parsons NPelote N Perry Y Pinholster
NPoag

NPolak Ponder
N Porter NPowell NPurcell NRagas YRandall NRay N Reaves NReichert YRice Y Richardson
Roberts N Rogers N Royal Y Sanders
YSauder YScarlett YScheid N Scott N Shanahan NShaw NSherriU NShipp 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 Smyre
YSnelling NSnow NStallings Y Stancil, F Y Stancil,S N Stanley, L N Stanley, P N Stephens N Taylor ETeague NTeper N Thomas YTUlman N Titus
YTolbert YTrense
NTumquest NTwiggs N Walker, L Y Walker, R.L Y Watson NWest N Westmorland NWhitaker Y Wiles
Williams, B YWUiiams, J
Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 70, nays 91. The amendment was lost.

The Committee substitute was adopted.

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

Y Alien NAnderson YAshe Y Bailey
Bannister YBarfoot N Barnard YBarnes
Bates YBenefield YBirdsong NBohannon Y Bordeaux N Bradford YBreedlove N Bridges Y Brooks Y Brown YBuck Y Buckner NBunn YBurkhalter YByrd Y Campbell Y Canty NCash YChannell

Y Guilders N Clark NCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford N Crews YCulbreth Y Cununings
Y Davis, G N Davis, M NDay N DeLoach, B NDeLoach, G
Dix NDixon YDobbs Y Dukes NEhrhart YEpps N Evans Y Everett Y Felton
Floyd N Franklin

Y Golden Y Graves YGreene Y Grindley N Hammontree YHanner Y Harbin
Heard YHecht
Heckstall
YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens
Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson N Johnston

Y Jones N Joyce NKaye NLadd YLakly YLane YLee N Lewis
Lord
Y Lucas Maddoi
NMann N Manning Y Martin, J
Martin, J.L
NMassey YMcBee
YMcCall Y McClinton
McKinney N Mills Y Mobley YMoeley YMueller YO'Neal YOrrock
Parham

YParrish Y Parsons Y Pelote Y Perry N Pinholster NPoag YPolak
Ponder Y Porter YPowell YPurcell YRagas NRandall YRay Y Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal N Sanders Y Sauder NScarlett NScheid Y Scott Y Shanahan

454

JOURNAL OF THE HOUSE,

YShaw YSherrffl YShipp YSims YSinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P N Smith, T N Smith, V
Smyre Y Smiling YSnow Y Stalling* Y Stantil, F

N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTiUman

Y Titus Y Tolbert YTrense YTumquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest

Y Westmorland YWhi taker
N Wiles Williams, B
N Williams, J Y Williams, R YWorthan N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 120, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Lee of the 94th moved that HB 1214 be taken from the table. The motion prevailed.

Representative Lee of the 94th moved that HB 1214 be postponed until Tuesday, February 10,1998.
The motion prevailed.

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

HR 1028.

By Representatives Bohannon of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A resolution recognizing Major General Richard N. Goddard and inviting him to appear before the House of Representatives.

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

Mr. Speaker:

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

HB 1434 Do Pass HB 1450 Do Pass HR 872 Do Pass HR 940 Do Pass HR 943 Do Pass HR 947 Do Pass

HR 952 Do Pass HR 960 Do Pass HR 991 Do Pass HR 992 Do Pass HR 993 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Pursuant to HR 810, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 9, 1998.

MONDAY, FEBRUARY 9, 1998

455

Representative Hall, Atlanta, Georgia Monday, February 9, 1998

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

Bannister Barfoot Barnard Barnes Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buck Buckner Bunn Burkhalter Campbell Cash Channel! Guilders Clark Coan Coleman, B Coleman, T Council Cooper Crawford

Crews Cummings Davis, M DeLoach, B DeLoach, G Diion Dobbs Evans Everatt Felton Floyd Franklin Graves Greene Grindley Hanunontree Manner Harbin Heard Hecht Heckstall Henson Holland Houston Howard Hudgens

Hudson, H Hudson, N Jackson James Jamieson Johnson Johnston Ladd Lakly Lee Lewis Lord Maddoi Mann Manning Martin, J Martin, J.L Massey McBee Mills Mobley Mosley MueUer O'Neal Parham Parsons

Pinholster Ponder Puicell Ray E Reaves Rice Richardson Rogers Royal Sanders Sauder Scarlett Scheid Scott Shaw SherriU Shipp Sims Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V

Snelling Snow Stalling* Stancil, F Stancil, S Stanley, L Stanley,? Stephens E Taylor Teague Teper Thomas TiUman Titus Tolbert Trense Twiggs West Westmoreland Whitaker Wiles Williams, B WUliams, R Worthan Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives McCall of the 90th, Walker of the 141st, Watson of the 70th, Hugley of the 133rd, McClinton of the 68th, Epps of the 131st, Dukes of the 161st, Anderson of the 116th, Ehrhart of the 36th, Walker of the 87th, Parrish of the 144th, Pelote of the 149th, Jenkins of the 110th, Bates of the 179th, Golden of the 177th, Irvin of the 45th, McKinney of the 51st, Byrd of the 170th, Holmes of the 53rd, Dix of the 76th, Bailey of the 93rd, Day of the 153rd, Lane of the 146th, Roberts of the 162nd, Kaye of the 37th, Lucas of the 124th, Turnquest of the 73rd, Bordeaux of the 151st, Powell of the 23rd, Wil liams of the 83rd, Culbreth of the 132nd, Orrock of the 56th, Ashe of the 46th, Poag of the 6th, Canty of the 52nd, Sinkfield of the 57th, Randall of the 127th, Benefield of the 96th, Alien of the 117th, Smyre of the 136th and Joyce of the 1st.
They wish to be recorded as present.

Prayer was offered by the Reverend Rodney K. Turner, Pastor, Canaan Missionary Baptist Church, Roanoke, Alabama.

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.

456

JOURNAL OF THE HOUSE,

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

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

HB 1575. By Representative Lord of the 121st:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to change certain provisions relating to coverage of treatment of mental dis orders.

February 9, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1575. This notice is made prior to or upon reading the bill the first time.
M Ladd Representative 59th District
Referred to the Committee on Insurance.

HB 1576. By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th, Childers of the 13th, Barnes of the 33rd and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to pro vide an exception from the definitions of "food sales establishment" and "food service establishment" for certain tax exempt organizations under cer tain conditions.
Referred to the Committee on Health & Ecology.

HB 1577. By Representatives Smith of the 19th, Irvin of the 45th, Evans of the 28th and Ehrhart of the 36th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, limiting contributions to candidates for public office, so as to prohibit the acceptance of certain prohibited contributions.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 9, 1998

457

HB 1578.

By Representative Perry of the llth:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit driving a motor vehicle off of the premises of an establishment where gasoline offered for retail sale was dispensed into the vehicle unless payment or authorized charge has been made for such gasoline.

February 6, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1578. This notice is made prior to or upon reading the bill the first time.
/a/ Tim Perry Representative llth District
Referred to the Committee on Motor Vehicles.

HB 1579. By Representatives Golden of the 177th and Shaw of the 176th:
A bill to amend Code Section 34-8-156 of the Official Code of Georgia Anno tated, relating to the Statewide Reserve Ratio under the "Employment Secu rity Law," so as to change the provisions relating to the State-wide Reserve Ratio.
Referred to the Committee on Industrial Relations.

HB 1580. By Representative Crawford of the 129th:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction in the municipal courts over certain offenses of theft by taking; to provide for transfer, punishment, disposition of fines and forfeitures, and reports to the Georgia Crime Information Cen ter.
Referred to the Committee on Judiciary.

HB 1581. By Representative Snelling of the 99th:
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 lobbyist disclo sure, so as to change certain provisions relating to registration required for lobbyists, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions.
Referred to the Committee on Rules.

HB 1582. By Representatives Stanley of the 50th, Buck of the 135th, Stanley of the 49th, Walker of the 141st and Heard of the 89th:
A bill to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to provide for reporting cash and credit rental charges; to provide for changing of basis of accounting; to provide for payment of tax at time of filing return under cash basis of accounting.
Referred to the Committee on Ways & Means.

458

JOURNAL OF THE HOUSE,

HB 1583. By Representatives Martin of the 47th, Skipper of the 137th, Ashe of the 46th, Irvin of the 45th and McBee of the 88th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions relative to pharmacists, Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, and Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to authorize certain psychologists to prescribe drugs in certain circumstances.
Referred to the Committee on Health & Ecology.

HB 1584. By Representatives Cooper of the 31st, Davis of the 48th, Martin of the 145th, Johnston of the 81st and Sauder of the 29th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the establishment of guard lines and signs at jails and local detention facilities in this state.
Referred to the Committee on Public Safety.

HB 1585. By Representatives Ragas of the 64th, Martin of the 47th and Mobley of the 69th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Arti cle 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 court orders removing a child from home and family preservation and reunification efforts.
Referred to the Committee on Judiciary.

HB 1586. By Representative Howard of the 118th:
A bill to amend Code Section 31-33-3 of the Official Code of Georgia Anno tated, relating to the costs of copying and mailing patient's records, so as to provide for maximum fees for copying and mailing patient's records.
Referred to the Committee on Health & Ecology.

HB 1587. By Representatives Shaw of the 176th, Williams of the 114th, Harbin of the 113th, Lord of the 121st and Lucas of the 124th:
A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Anno tated, relating to domestic stock and mutual insurers, so as to change certain provisions relating to applicability of said chapter; to define certain terms; to provide for reorganization of mutual insurers and formation of mutual insur ance holding companies.
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 9, 1998

459

HB 1588. By Representatives Williams of the 83rd, Brown of the 130th, Johnston of the 81st, Mueller of the 152nd, Williams of the 63rd and others:
A bill to amend Chapter 15 of Title 45 of the Official Code of Georgia Anno tated, relating to the Attorney General, so as to prohibit certain types of fee contracts with private counsel.
Referred to the Committee on Judiciary.
HB 1589. By Representative Williams of the 83rd:
A bill to amend Code Section 21-5-35 of the Official Code of Georgia Anno tated, relating to restrictions on members of the General Assembly and other public officers elected state wide from accepting campaign contributions, so as to provide that candidates for state-wide elected office and membership in the General Assembly shall be prohibited from accepting campaign contri butions from lottery vendors.
Referred to the Committee on Rules.
HB 1590. By Representatives Snow of the 2nd, Murphy of the 18th, Channell of the lllth, Parrish of the 144th and Perry of the llth:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide that with respect to any permit granted for a commercial driveway, the receiver of such permit must agree that the Department of Transportation reserves the substantial right to purchase for future public road purposes during the immediately succeed ing ten years all or a part of said property which is the subject of the permit.
Referred to the Committee on Transportation.

HB 1591. By Representative Holland of the 157th:
A bill to amend Code Section 34-8-201 of the Official Code of Georgia Anno tated, relating to a selection of a physician from a panel of physicians for purposes of workers' compensation, so as to provide that an employer may substitute a managed care organization for one of the required four physi cians listed on the Panel of Physicians.
Referred to the Committee on Industrial Relations.

HB 1592. By Representatives Twiggs of the 8th, Murphy of the 18th, Whitaker of the 7th, Jackson of the 112th, Coleman of the 142nd 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 that neither the Department of Natural Resources nor the Board of Natural Resources may condition consideration or granting of any application for a permit, license, or variance on any provision of any property or thing of value.
Referred to the Committee on Natural Resources & Environment.

HB 1593. By Representatives Twiggs of the 8th, Murphy of the 18th, Whitaker of the 7th, Jackson of the 112th, Coleman of the 142nd and others:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, relating to control of soil erosion and sedimentation, so as to provide for certain changes in definitions and methods of granting variances applica ble to the buffer requirement for trout streams and other streams.
Referred to the Committee on Natural Resources & Environment.

460

JOURNAL OF THE HOUSE,

HB 1594. By Representatives Coan of the 82nd, Lane of the 146th, Jackson of the 112th, Evans of the 28th and Massey of the 86th:
A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to ethics in govern ment, so as to regulate political contributions and expenditures by labor organizations and separate segregated funds thereof.
Referred to the Committee on Rules.

HB 1595. By Representatives Buck of the 135th, Culbreth of the 132nd, Smith of the 102nd, 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 1596.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Day of the 153rd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, 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.

February 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1596. This notice is made prior to or upon reading the bill the first time.
/s/ Thomas B. Buck, III Representative 135th District
Referred to the Committee on Ways & Means.

HR 1024. By Representative Alien of the 117th: A resolution compensating Mr. Harold I. Brown.
Referred to the Committee on Appropriations.

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

HB 1559 HB 1560 HB 1561 HB 1562 HB 1563 HB 1564 HB 1566 HB 1567 HB 1568 HB 1569 HB 1570 HB 1571

HB 1572 HB 1573 HB 1574 HR 1002 HR 1004 SB 426 SB 437 SB 471 SB 510 SB 531 SB 533 HB 1565

MONDAY, FEBRUARY 9, 1998

461

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

HB 1565. By Representatives Childers of the 13th, Orrock of the 56th, Smith of the 109th, Buckner of the 95th, McBee of the 88th and others:
A bill to provide for legislative findings and intent; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to venereal dis ease, so as to require coverage of chlamydia screening tests for certain female covered by individual or group accident and sickness insurance policies or managed care plans.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1529 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1543 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 9, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 16th Legislative Day as enu merated below:
HB 714 Blind vendors; guide dogs; allow on vending premises HB 1098 Blasting; utility facility; change definition HB 1158 Dentists; conscious sedation; admin by cert phys and nurse anesthetist HB 1163 Waste-water treatment facilities; privatization; provisions

462

JOURNAL OF THE HOUSE,

HB 1201 HB 1206 HB 1268 HB 1354 HB 1387 HB 1406

Board of Regents; certain works of art; authorize sale or transfer Municipal courts; certain shoplifting cases; disposal Elections; optical scanning voting equipment; regulate Financial institutions; amend provisions Medical assistance providers; requests for relief; amend prov Judicial sales; real property; legal ad include description

HR 778 Tift County; grant deed to Tift County Development Authority

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 Bill of the House was taken up for consideration and read the third time:

HB 1543. By Representatives Epps of the 131st and Brown of the 130th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to provide for the appointment of members of the authority and their terms of office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 564. By Senator Brush of the 24th:
A bill to provide a new charter for the City of Grovetown; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.

HB 1398. By Representative Smith of the 102nd:
A bill to amend an Act to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commis sioner of Harris County, so as to authorize the governing authority to pay to the tax commissioner of Harris County a salary supplement of up to $3,900.00 per year.

MONDAY, FEBRUARY 9, 1998

463

HB 1399.

By Representative Smith of the 102nd:
A bill to amend an Act to provide that the ordinary of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the probate judge of Harris County a salary supplement of up to $4,100.00 per year.

HB 1400. By Representative Smith of the 102nd:
A bill to amend an Act to provide that the clerk of the superior court of Har ris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the clerk of the superior court of Harris County a salary supplement of up to $4,600.00 per year.

HB 1465. By Representative Stencil of the 91st: A bill to reincorporate and provide a new charter for the City of Bostwick.

SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and Brush of the 24th:
A bill to amend Code Section 32-6-75.2 of the Official Code of Georgia Anno tated, relating to the authority of the commissioner of transportation to issue permits for the trimming of trees and vegetation on state rights of way, so as to provide for the establishment of an effective vegetation maintenance program for the promotion of tourism.

SB 481. By Senator Henson of the 55th:
A bill to amend Code Section 31-41-3 of the Official Code of Georgia Anno tated, relating to definitions applicable to the lead hazard reduction program, so as to change certain definitions; to amend Code Section 31-41-4 of the Official Code of Georgia Annotated, relating to the creation of the lead haz ard reduction program, so as to change certain provisions relating to abate ment on a person's property.

SB 482. By Senator Henson of the 55th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the protection of the title of industrial hygienist; to provide for related matters.

SB 514. By Senator Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to make uniform certain new designations of conservation rangers; to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide for a new designation of conservation rangers and to make certain provisions conform to such new designation.

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 Offi cers' Annuity and Benefit Fund, so as to change the provisions relating to definitions.

464

JOURNAL OF THE HOUSE,

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

HB 1397.

By Representative Smith of the 102nd:
A bill to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year.

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

SR 592. By Senator Clay of the 37th: A resolution designating May, 1998, as Liver Awareness Month.

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

SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and others:
A bill to amend Code Section 32-6-75.2 of the Official Code of Georgia Anno tated, relating to the authority of the commissioner of transportation to issue permits for the trimming of trees and vegetation on state rights of way, so as to provide for the establishment of an effective vegetation maintenance program for the promotion of tourism.
Referred to the Committee on Transportation.

SB 481. By Senator Henson of the 55th:
A bill to amend Code Section 31-41-3 of the Official Code of Georgia Anno tated, relating to definitions applicable to the lead hazard reduction program, so as to change certain definitions; to amend Code Section 31-41-4 of the Official Code of Georgia Annotated, relating to the creation of the lead haz ard reduction program, so as to change certain provisions relating to abate ment on a person's property.
Referred to the Committee on Natural Resources & Environment.

SB 482. By Senator Henson of the 55th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the protection of the title of industrial hygienist; to provide for related matters.
Referred to the Committee on Industrial Relations.

SB 514. By Senator Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to make uniform certain new designations of conservation rangers; to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide for a new designation of conservation rangers and to make certain provisions conform to such new designation.
Referred to the Committee on Game, Fish & Parks.

MONDAY, FEBRUARY 9, 1998

465

SB 564. By Senator Brush of the 24th:
A bill to provide a new charter for the City of Grovetown; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 592. By Senator Clay of the 37th: A resolution designating May, 1998, as Liver Awareness Month.
Referred to the Committee on Health & Ecology.

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

HR 940. By Representative Jamieson of the 22nd:
A resolution inviting the CREEK Kids of Stephens County Middle School to appear before the House of Representatives.

HR 943. By Representatives Reichert of the 126th, Graves of the 125th, Birdsong of the 123rd, Ray of the 128th, Lucas of the 124th and others:
A resolution commending the Tattnall Square Academy football team and inviting the team and its coaches to appear before the House of Representa tives.

HR 947. By Representatives Channell of the lllth, McBee of the 88th, Heard of the 89th, Walker of the 141st and Murphy of the 18th:
A resolution recognizing Coach Jim Donnan and inviting him to appear before the House of Representatives.

HR 952. By Representative Shaw of the 176th:
A resolution commending Rhett Akins and inviting him to appear before the House of Representatives.

HR 960. By Representatives Sims of the 167th, Smith of the 169th, Hudson of the 156th, Shaw of the 176th, Walker of the 141st and others:
A resolution commending the South Georgia College women's softball team and inviting the team and their coaches to appear before the House of Rep resentatives.

HR 991. By Representatives Teper of the 61st, Porter of the 143rd, Barnes of the 33rd, Hanner of the 159th, Coleman of the 142nd and others:
A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Rep resentatives.

466

JOURNAL OF THE HOUSE,

HR 992. By Representatives Buckner of the 95th, Pelote of the 149th, Thomas of the 148th, Taylor of the 134th, Stanley of the 50th and others:
A resolution commending the Georgia chapter of the American Academy of Pediatrics; inviting a delegation representing said chapter to appear before the House of Representatives.

HR 993. By Representatives Pelote of the 149th and McKinney of the 51st:
A resolution commending the sisters of the Alpha Theta Zeta Chapter of Zeta Phi Beta Sorority, Inc., and inviting them to appear before the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1397.

By Representative Smith of the 102nd:
A bill to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year.

The following Senate substitute was read:

A BILL
To amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3632), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2549), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3343), so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year; to validate and confirm certain prior expenditures of county funds; to provide for the selection and compensation of deputies; to repeal certain obsolete provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3632), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2549), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3343), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. (a) The governing authority of Harris County is authorized to pay to the sheriff of Har ris County a supplement of up to $5,500.00 per year, payable in equal monthly install ments from county funds, which supplement shall be in addition to the compensation, salary, expenses, and allowances presently being received by the sheriff of Harris County from the State of Georgia or any other source. In setting the amount of the supplement, the governing authority may take into consideration the sheriffs level of formal educa tion, professional training, law enforcement experience, and management experience. (b) Any prior expenditure by the governing authority of county funds in a manner authorized by this section is validated and confirmed."

MONDAY, FEBRUARY 9, 1998

467

SECTION 2. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows:
"SECTION 3. The sheriff of Harris County is authorized to select and determine the number of depu ties. The governing authority of Harris county shall fix the salary of each of said depu ties, to be paid in equal monthly installments out of county funds."
SECTION 3. Said Act is further amended by repealing in its entirety Section 2A, which reads as fol lows:
"SECTION 2A. The governing authority of Harris County shall be authorized to increase the compensa tion of the sheriff up to $500.00 per annum on and after January 1, 1972."
SECTION 4. Said Act is further amended by repealing in its entirety Section 4, which reads as follows:
"SECTION 4. Two radio equipped automobiles, expenses for the maintenance thereof, including gas and oil consumed, used for county business, all necessary office expenses, rent, supplies, utilities, and materials, and all actual expenses for hotel, meals, and travel, when out of the county on county business, shall be furnished by Harris County to the sheriff of said county. The sheriff shall have an allowance for uniforms not to exceed $500.00 for each uniformed deputy for the year 1967, and not to exceed $150.00 for each such uniformed deputy for each year thereafter. The sheriff shall also have an allowance for uniforms not to exceed $500.00 for the first year for each new or additional uniformed deputy, and not to exceed $150.00 for each such deputy for each year thereafter. The sheriff shall consult with the governing authority of the county prior to purchasing any uniforms, and the governing authority shall pay for any such uniforms purchased upon itemized bills being submitted and certified by the sheriff. All such uniforms shall be and remain the property of the county. No other personal equipment shall be furnished. In the event the radio equipped automobiles as provided above have traveled 85,000 miles or more, the governing authority of Harris County shall replace either or both of the automobiles which have exceeded such maximum mileage limitation."
SECTION 5. This Act shall become effective on April 1, 1998.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 102nd moved that the House agree to the Senate substi tute to HB 1397.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

HB 1354.

By Representatives Parrish of the 144th, Stallings of the 100th, Thomas of the 148th, Golden of the 177th, Bates of the 179th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide for definitions; to provide for regulatory parity; to provide for confidentiality of departmental records and exceptions; to provide for rule-making authority.

468

JOURNAL OF THE HOUSE,

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

Alien YAndenon
YAshe Y Bailey
Bannister YBarfoot Y Barnard YBaraes Y Bates
Benefield
YBinbong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn Y Burkhalter
YByrd Y Campbell
Canty YCaih YChannell YChildera Y Clark YCoan YColeman, B
Coleman, T YConnell
Y Cooper Y Cr&wiord Y Crews

Y Culbreth Y CununinKS
Davis, G Y Davis, M YDay
DeLoach B DeLoach, G YDix Dixon
YDobbs Dukes
YEhihart YEpps Y Evans YEverett
Y Felton YFloyd Y Franklin
Golden Y Graves YGreene YGrindley Y Hammontree YHanner
Y Harbin Y Heard
Hecht Heckstall Hegstrom Henson Y Holland Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas
Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton Y McKinney Y Mills Y Mobley YMosley
Mueller O'Neal
YOrrock YParham

YParrish Y Parsons
Pelote Perry Y PinhoUter YPoag YPolak Ponder Porter YPowell YPurcell Ragas YRandall YRay E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Sanders Sauder Y Scarlett YScheid Scott Y Shanahan YShaw Shenill YShipp Sims 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
Smyre YSnelling YSnow
Stallings Stancil.F Y Stancil, S Stanley, L Y Stanley, P Y Stephens E Taylor YTeague Teper Y Thomas Y Tillman Y Titus YTolbert YTranse Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Watson
YWest Y Westmoreland Y Wbitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
YYates Murphy, Spkr

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Scott of the 165th, Teper of the 61st, Bannister of the 77th, Hecht of the 97th, Watson of the 70th, Holmes of the 53rd, Buck of the 135th and DeLoach of the 119th stated that they had been called from the floor of the House during the preced ing roll call. They wished to be recorded as voting "aye" thereon.

HB 1406. By Representatives Crawford of the 129th and Smith of the 109th:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Anno tated, relating to advertising judicial sales, so as to change the advertising requirement for judicial sales or real property.

The following amendment was read:

Representative Mueller of the 152nd moves to amend HB 1406 as follows: Line 25 after include and before legal add street address as well as

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

MONDAY, FEBRUARY 9, 1998

469

Alien YAndenon YA.be Y Bailey Y Bannister YBarfoot N Barnard NBarnes
Y Bates Benefield
YBirisong YBohannon Y Bordeaux Y Bradford NBnedlove Y Bridges N Brooks Y Brown YBuck NBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChanneU NCnuders Y Clark YCoan YColeman, B
Coleman, T Connell Y Cooper NCrawford Y Crews

Y Culbreth Y Cummings
Davis, G YDavis, M YDay YDeLoach, B Y DeLoach, G YDix NDixon YDobbs
Dukes YEhrhart YEpps Y Evans Y Everctt YFelton
Floyd Y Franklin Y Golden Y Graves YGreene YGrindley N Hanunontree N Manner Y Harbin N Heard NHecht
Heckstall rfegstroin YHenson N Holland N Holmes N Houston Y Howard YHudgens N Hudson, H

Y Hudson, N NHugley Ylrvin Y Jackson Y James YJamieson N Jenkins Y Johnson Y Johnston
N Jones Joyce
YKaye YLadd YLakly NLane NLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning
N Martin, J Y Martin, J.L YMassey YMcBee
McCaU McClinton McKinney Y Mills Mobley YMosley Y Mueller YCTNeal
NOnock YParbam

YParrish Y Parsons YPelote
Perry Y Pinholster
NPoag Polak
Y Ponder Porter
Y Powell YPurceU
Ragas NRandall YKay E Reaves N Reichert YRice Y Richardson N Roberts Y Rogers Y Royal Y Sanders
Y Sauder N Scarlett YScheid Y Scott N Shanahan YShaw YSherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 112, nays 43. The amendment was adopted.

N Smith, L.R Y Smith,? Y Smith, T Y Smith, V
Smyre YSnelling YSnow
Stallings
NStancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens E Taylor
Teague NTeper Y Thomas YTillman
Y Titus YTolbert YTrense Y Tumquest NTwiggs N Walker, L Y Walker, R.L Y Watson NWest Y Westmoreland YWhitaker N Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

Representative Barnes of the 33rd moved that the House reconsider its action in adopting the Mueller amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien N Anderson YAsbe YBaUey Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield YBirdsong N Bohannon Y Bordeaux N Bradford YBreedlove Y Bridges Y Brooks N Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell N Canty
NCash YChanneU YChilders Y Clark

NCoan Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cummings Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton Y Floyd N Franklin Y Golden Y Graves YGreene Y Grindley

Y Hammontree YHanner Y Harbin Y Heard YHecht
Heckstall
YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin N Jackson Y James YJamieson Y Jenkins Y Johnson Y Johnston Y Jones
Joyce NKaye YLadd NLakly YLane

YLee YLewis YLord
Lucas Y Maddox YMann Y Manning Y Martin, J
Y Martin, J.L YMassey
YMcBee YMcCaU Y McClinton
Y McKinney NMilk
Mobley Y Mosley N Mueller YO'Neal YOrrock YParham YParrish
Y Parsons N Pelote
Perry Y Pinholster YPoag Y Polak N Ponder

Porter Y Powell
Purcell Ragas YRandall
YRay E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett YScheid 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

470

JOURNAL OF THE HOUSE,

Y Smith,? Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStalUngs

Y Stancil, F Y StancU, S
Stanley, L
Y Stanley, P N Stephens E Taylor
Teague

YTeper Y Thomas Y Tillman N Titus Y Tolbert YTrense
Turnquest

YTwiggs Y Walker, L N Walker, R.L Y Watson Y West N Westmorland YWhi taker

Y Wiles Williams, B
Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

On the motion, the ayes were 137, nays 23. The motion prevailed.

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

N Alien Y Andenon NAshe N Bailey N Buuiuter NBarfoot N Barnard NBarnes N Bates N Benefield
N Birdsong YBohannon N Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown NBuck N Buckner Y Bonn N Burkhalter
NByrd N Campbell
Canty YCash NChannell N Childers N Clark NCoan Y Coleman, B
Coleman, T Connell N Cooper N Crawford N Crews

N Culbreth Y CumminEB
Davis, G Davis, M NDay Y DeLoach, B YDeLoach, G NDii NDiion NDobbs N Dukes NEhrhart NEpps N Evans NEverett YFelton NFloyd Y Franklin N Golden N Graves NGreene N Grindley N Hammontree N Manner N Harbin N Heard NHecht Heckstall Hegstrom NHenson N Holland Holmes N Houston Y Howard N Hudgens N Hudson, H

N Hudson, N N Hugley NIrvin Y Jackson N James N Jamieson N Jenkins N Johnson N Jobnston
N Jones Joyce
YKaye NLadd YLakly NLane NLee N Lewis
NLord N Lucas
Maddoi NMann
I1] Manning
N Martin, J N Martin, J.L
NMassey NMcBee NMcCall N McClinton N McKinney Y Mills
Mobley NMosley
Mueller NO'Neal NOrrock N Parham

NParrish
NPanona Y Pelote
Perry N Pinholster
NPoag NPolak N Ponder
Porter N Powell NPurcell
Ragas NRandaU NRay E Reaves NReichert NRice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan NShaw NSherrill NShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L

On the re-adoption of the amendment, the ayes were 26, nays 131. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T N Smith, V
Smyre NSnelling NSnow NStallings N Stancil, F N Stancil, S
Stanley, L N Stanley, P Y Stephens E Taylor
Teague NTeper N Thomas N Tinman Y Titus N Tolbert NTrense
Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhi taker N Wiles
Williams, B
N Williams, J N WilUams, R NWorthan Y Yates
Murphy, Spkr

The following amendment was read and adopted:

Representatives Walker of the 141st, Skipper of the 137th and Barnes of the 33rd move to amend HB 1406 as follows:
By adding after the word "property." on line 26, the following:
"and may include the street address of such real property, if available, but provided that no foreclosure shall be invalidated by the failure to include a street address or by the insertion of an erroneous street address."

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

MONDAY, FEBRUARY 9, 1998

471

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien YAnderson YAihe Y Bailey Y Bannister YBarioot Y Barnard YBarnes Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brook* Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash YChanneU YChilden Y Clark YCoan Y Coleman, B
Coleman, T Y Cornell Y Cooper Y Crawford YCrews

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G YDix YDixon
YDobbs Y Dukes YEhrhart
YEpps Y Evans YBverett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
HeckstaU Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins 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 YMosley YMueller Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y PinhoUter YPoag YPolak Y Ponder
Porter YPowell YPurcell
Ragas YRandall YRay E Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill YSbipp 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 YSnelling YSnow YStaUings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens E Taylor
Teague YTeper Y Thomas YTUlman Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1206.

By Representative Campbell of the 42nd:
A bill to amend Code Section 36-32-9 of the Official Code of Georgia Anno tated, relating to jurisdiction of municipal courts over shoplifting offenses involving $100.00 or less, so as to authorize municipal courts to try and dis pose of cases in which a person is charged with a third offense of shoplifting property valued at $100.00 or less.

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 Andersen
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaroes Y Bates Y Benefield YBirdsong

Y Bohannon Bordeaux
Y Bradford Breedlove
Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Y Burkhalter

YByrd Y Campbell Y Canty YCash Y Channel! YChilders Y Clark YCoan Y Coleman, B Y Coleman, T
Connell

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

YDixon YDobbs Y Dukes
Ehrhart YEpps
Evans YEverett Y Felton YFloyd Y Franklin Y Golden

472

JOURNAL OF THE HOUSE,

Graves YGreene YGrindley Y Hammontree
Manner Y Harbin Y Heard
YHecht YHeckstaU
Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
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 YMassey YMcBee
YMcCall Y McClinton
McKinney Y Mills
Mobley YMosley
Y Mueller

Y O'Neal Orrock
Y Parham YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak
Ponder Porter Y Powell YPurcell YRagas YRandaU YRay E Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders

Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw
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 Y Smith, V YSmyre YSnelling YSnow YStaUings
Y Stanca, F Y Stancil, S
Stanley, L

Y Stanley, P Y Stephens E Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWortnan
YYates Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 778. By Representatives Scott of the 165th and Hudson of the 156th:
A resolution authorizing the granting of a quitclaim deed, affidavit, or other document evidencing that the state has not accepted title to and has no intent to use certain property in Tift County and granting or affirming title to such property to the Tift County Development Authority.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove
Bridges Y Brooks Y Brown
Buck Y Buckner YBunn Y Burkhalter
YByrd Campbell
Y Canty YCash Y Channel!
Y Childers Y Clark

YCoan Y Coleman, B
Y Coleman, T Connell
Y Cooper Y Ctawford
Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes
Ehrhart YEpps Y Evans
Y Everett Y Felton YFloyd
Y Franklin Y Golden
Y Graves Y Greene
Y Grindley

Y Hammontree Banner Harbin
Y Heard YHecht YHeckstaU
Hegstrom
Henson Y Holland Y Holmes Y Houston 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
Martin, J.L YMassey
YMcBee YMcCall Y McClinton
McKinney Y Mills
Mobley YMosley Y Mueller Y O'Neal
Orrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak Y Ponder

Porter Y Powell YPurcell
YRagas YRandaU
Ray E Reaves Y Reichert
YRice Y Richardson Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder YScarlett Y Scheid Y Scott Y Shanahan
YShaw SherriU
YShipp YSims Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R

MONDAY, FEBRUARY 9, 1998

473

Y Smith,? Y Smith. T Y Smith, V YSmyre YSnelling YSnow
Stalling*

Y Stancil, F Y Stancil, S
Stanley, L
Y Stanley, P Y Stephens E Tayloi YTeague

YTeper Y Thomas YTUlman Y Titus Y Tolbert
Tiense Turnquest

YTwiggs Y Walker, L Y Walker, R.L
Watson YWest Y Westmorland YWhitaker

Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1201.

By Representatives McBee of the 88th, Smyre of the 136th, Hudgens of the 24th, Heard of the 89th and Stancil of the 91st:
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 authorize the board of regents to sell or transfer certain works of art.

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
YAndenon YAshe Y Bailey Y Bannister YBarfoot N Barnard
Barnes Y Bates
YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
YBunn YBurkhalter
YByrd Y Campbell Y Canty YCash
Y Channel! YChilders Y Clark YCoan
YColeman, B YColeman, T Y Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings
DaTM, G Y Davis, M YDay
YDeLoach, B YDeLoach, G YDix YDiion
YDobbs Y Dukes YEhrhart
YEpps Y Evans
Y Everett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree
Hanner Y Harbin
Y Heard YHecht YHeckstall
Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin N Jackson Y James YJamieson 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 Y Martin, J
Y Martin, J.L YMassey Y McBee
McCall McClinton
McKinney Y Mills
Mobley YMosley Y Mueller YO'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder
Porter Y Powell YPurceU YRagas YRandall YRay E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
N Sanders YSauder 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 YSnelling YSnow YStallings Y StancU, F Y Stancil. S
Stanley, L Y Stanley, P Y Stephens E Taylor YTeague YTeper
Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson
YWest Y Westmoreland YWhitaker
Y Wiles Y Williams, B N Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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 Anno tated, 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.

474

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 YAndenon YAsbe
Bailey Y Bannister
YBarfoot
Y Barnard
YBarnes
Y Bates Benefield
YBirdsong Y Bahamian Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCaah Y Channel! YChilden Y Clark YCoan YColeman, B Y Coleman, T YConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDixon YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson 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 McCUnton Y McKinney Y Mills
Mobley YMosley YMueller YOTSIeal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell YRagas YRandall YRay E Reaves
Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens E Taylor YTeague YTeper Y Thomas YTillman Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan 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.

HB 1387.

By Representative Randall of the 127th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Anno tated, relating to administrative hearings and appeals under the "Georgia Medical Assistance Act of 1977," so as to change the provisions relating to request for hearings by providers of medical assistance.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the "Georgia Medical Assistance Act of 1977," so as to change the provisions relating to request for hearings by providers of medical assistance; to change certain procedures; to provide certain requirements relating to time for hearings; to provide that a request for a hearing by a nursing home provider shall stay any recovery or recovery action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administra tive hearings and appeals under the "Georgia Medical Assistance Act of 1977," is amended by striking in its entirety paragraph (2) of subsection (b), which reads as follows:

MONDAY, FEBRUARY 9, 1998

475

"(2) A provider of medical assistance shall be entitled to a hearing in accordance with Code Sections 50-13-13 and 50-13-15. A decision shall be rendered in writing by an administrative law judge assigned to hear the matter. The administrative law judge shall be appointed by the Office of State Administrative Hearings. Should such a deci sion be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner may affirm, modify, or reverse the decision appealed from.", and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2)(A) A provider of medical assistance may request a hearing on a decision of the Department of Medical Assistance with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Medical Assistance. The Department of Medical Assistance shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings. The provider's request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 30 days after the provider of medical assist ance receives the decision of the Department of Medical Assistance which is the basis for the appeal. (B) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, except when it is determined that the complexity of the issues and the length of the record require an extension of this period and an order is issued by an administrative law judge so providing, but no longer than 30 days. This time requirement can be extended by written consent of all the parties. The administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record. (C) A request for hearing by a nursing home provider shall stay any recovery or recoupment action. (D) Should the decision of the administrative law judge be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hear ing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner may affirm, modify, or reverse the decision appealed from."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Andersen
YAshe Bailey
Y Bannister YBarfoot Y Barnard Y Barnes 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 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
Davis, G Y Davis, M

Y Day Y DeLoach, B
Y DeLoach, G Y Dix Y Dizon Y Dobbs Y Dukes
Ehrhart Y Epps Y Evans

476

JOURNAL OF THE HOUSE,

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
Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson

Y James Y 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
McCall Y McClinton Y McKinney Y Mills

Y Mobley YMosley Y MueUer Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Porter Y Powell YPurcell
YRagas YRandall YRay
E Reaves Y Reichert YRice Y Richardson Y Roberta 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 Y Smyre YSnelUng YSnow Y Stallings Y Stancil, F Y Stancil, S

Stanley, L Y Stanley, P Y Stephens E Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWeot Y Westmoreland YWhi taker 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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1098.

By Representative Byrd of the 170th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Anno tated, relating to blasting or excavating near underground gas pipes and util ity facilities, so as to change the definition of the term "utility facility".

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

Y Alien
Y Anderson YAshe
Bailey 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 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 Y DeLoach, B Y DeLoach, G YDii YDiion 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 Manner Y Harbin Y Heard YHecht Y Heckstall
Hegstrom Henson Y Holland Y Holmes Y Houston 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 Y McCall 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

Porter Y Powell YPurcell
YRagas YRandall
YRay E Reaves Y Reichert YRice Y Richardson
Y Roberta 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

MONDAY, FEBRUARY 9, 1998

477

Y Smith,? Y Smith, T Y Smith, V YSmyre YSnelling
Snow Y Stallings

YStancil, F YStancil, S
Stanley, L Y Stanley, P Y Stephens ETaylor Y Teague

Y Teper Y Thomas Y Tillman
Titus Tolbert Y Trense Y Turnquest

Y Twiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker

Y Wiles Williams, B
Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spb

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

HB 1163.

By Representatives Walker of the 141st, Banner of the 159th, Murphy of the 18th, Lee of the 94th, Connell of the 115th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish a requirement for owners of large public waste-water treatment facilities to privatize the operation and maintenance of their sys tems if violations of permits occur.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish a require ment for owners of large public waste-water treatment facilities to privatize the operation and maintenance of their systems if violations of permits occur; to provide definitions, schedules, milestones, and standards for privatization; to provide an oversight committee; to provide penalties for failure to comply; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, is amended by adding a new Code section immediately following Code Section 12-5-23.2, relating to waste-water discharge limita tions, to be designated Code Section 12-5-23.3 and to read as follows:
"12-5-23.3.
(a) For purposes of this Code section only, the term: (1) 'LAS permit' means Land Application System permit. (2) 'NPDES permit' means National Pollutant Discharge Elimination System permit. (3) 'Waste-water treatment facilities' means all publicly owned facilities with average monthly flow limits of 20 million gallons per day or more that have been issued NPDES permits or LAS permits.
(b) The director shall provide written notice to owners of all waste-water treatment facilities that the privatization requirements specified in paragraph (c) are in effect if the owner of such facility has violated its NPDES or LAS permit, or any interim limits established by a federal court order, as follows:
(1) A violation of the facility's monthly effluent limitation specified in the NPDES permit or a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus for any eight months during any continuous 12 month period starting on or after January 1, 1999; (2) A violation of the facility's monthly effluent limitation specified in the NPDES permit or a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus by a factor of 1.4 or greater for any four months during any continuous 12 month period, starting on or after January 1, 1999; or

478

JOURNAL OF THE HOUSE,

(3) Three major treatment facility bypasses during any continuous 12 month period starting on or after January 1, 1999. For purposes of this paragraph, the term 'major treatment facility bypass' shall mean any diversion of waste water from or bypassing of waste water around the treatment facility; provided, however, that this shall not include any bypass which is authorized by any NPDES or LAS permit or any bypass which is necessary to prevent loss of life, bodily injury, or severe property damage. (c) Within 12 months of receipt of written notification from the director in accordance with subsection (b) of this Code section, the owner shall enter into a binding contract with a private contractor for the operation and maintenance of the waste-water facility as follows: (1) The contractor shall be selected, and the contract shall be awarded, through com petitive bidding as follows:
(A) In accordance with the public procurement processes and procedures then in effect for the public owner or, at the option of the owner, through competitive bid ding by the Department of Administrative Services in accordance with and as per mitted by Part 2 of Article 3 of Chapter 5 of Title 50; and (B) As may otherwise be specified by the State Waste-water Privatization Oversight Committee upon its review of the privatization plan and other submittals from the owner in accordance with paragraph (2) of subsection (d) of this Code section; (2) The scope of the contract shall include the operation and maintenance of the entire facility and sewer collection system, including combined sewer overflow treat ment facilities, by the selected contractor; (3) Notwithstanding any provisions of law to the contrary, the term of the contract shall be not less than ten years nor more than 50 years; and
(4) The contract shall meet all applicable state and local laws, rules, and regulations pertinent to the awarding, drafting, enforcement, and administration of such contract and shall contain such other contractual provisions as may be reasonably necessary for the effective enforcement and administration of the contract.
(d) There is created a State Waste-water Privatization Oversight Committee, hereinafter the 'committee,' consisting of the commissioner of the Department of Natural Resources, the commissioner of the Department of Administrative Services, and one appointee each by the Governor, Lieutenant Governor, and Speaker of the House of Representatives. During the privatization process, the owner shall be required to make submittals to the committee hi accordance with the following milestones:
(1) A privatization plan, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within three months of the owner's receipt of the director's written notification. The committee shall review the privatization plan and either concur with the plan or provide comments to the owner. The owner must modify the privatization plan in accordance with any comments pro vided by the committee and meet any milestone time frame established by the com mittee to achieve plan concurrence;
(2) A proposed contract and related bid documents, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within six months of the owner's receipt of the director's written notification. The owner must modify the proposed contract and related bid documents in accordance with any com ments provided by the committee. The owner must receive the concurrence of the committee prior to commencement of the competitive bidding process;
(3) Written notification of issuance of bid documents to prospective contractors and commencement of the competitive bidding process, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within nine months of the owner's receipt of the director's notification; and
(4) A copy of the fully executed contract, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within 12 months of the owner's receipt of the director's notification. In the event of an impasse in negotia tions between the owner and the private contractor on one or more terms of the pro posed contract, the committee shall be authorized to mediate any such impasse upon agreement of the parties to the proposed contract. In the event of any such impasse

MONDAY, FEBRUARY 9, 1998

479

in negotiations, the committee shall extend the time for the submission of a fully exe cuted contract for a reasonable period, as long as the owner is negotiating with a pri vate contractor in good faith and an application for extension of time is received by the committee no later than 30 days before the expiration of the time period in which a fully executed contract must be provided to the committee. (e) Penalties for failure to comply with this Code section shall be assessed as follows: (1) If an owner fails to meet any milestone set forth in paragraph (1), (2), or (3) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $50,000.00 per day to the division until that milestone is met. A separate penalty shall be assessed for each milestone that is not met. (2) If an owner fails to meet the milestone set forth in paragraph (4) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $100,000.00 per day to the division until that milestone is met, unless an extension of time is granted by the committee in accordance with the provisions of paragraph (4) of subsection (d) of this Code section. (f) Notwithstanding the provisions of subsection (e) of this Code section, if the commit tee determines that an owner's failure to meet a particular milestone was outside the control of the owner, the committee may, in its sole discretion, extend the tune for meeting the respective milestone for a period of up to 180 days and waive any penalty that might otherwise accrue pursuant to subsection (e) of this Code section during the extended milestone period; provided, however, in the event any milestone is not met within any extended time frame for meeting the milestone, penalties shall be assessed as provided in subsection (e) of this Code section."
SECTION 2. This Act shall become effective July 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 Connell of the 115th and Hanner of the 159th move to amend the Com mittee substitute to HB 1163 by adding to line 1 of page 2 by deleting the word "limits" and in lieu therein insert the following: "conditions"
To line 4 of page 2 after the word "or" insert the following: "conditions of
To line 10 of page 2 after the word "or" insert the following: "conditions of".

The following amendment was read:
Representative Holmes of the 53rd moves to amend the Committee substitute to HB 1163 as follows: Delete on line 27, page 1 the number "20" and substitute the number "5".
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien Y Andersen N Ashe N Bailey N Bannister NBarfoot N Barnard NBarnes
Bates

N Benefield N Birdsong E Bohannon N Bordeaux N Bradford NBreedlove N Bridges Y Brooks N Brown

N Buck Buckner
N Bunn N Burkhalter N Byrd N Campbell
Canty N Cash N Channel!

N Childers N Clark N Coan N Coleman, B N Coleman, T N Connell N Cooper N Crawford N Crews

N Culbreth N Cummings
Davis, G N DavU, M N Day N DeLoach, B N DeLoach, G N Dii N Diion

480

JOURNAL OF THE HOUSE,

NDobbe Y Dukes NEhrhart NEpps N Evans NEverett N Felton NFloyd N Franklin N Golden N Graves NGreene NGrindley N Hammontree NHanner N Harbin N Heard NHecht YHeckstaU
Hegstrom NHenson
N Holland Y Holmes N Houston Y Howard NHudgens N Hudson, H

N Hudson, N NHugley NIrvin N Jackson Y James N Jamieson NJenkins
Johnson N Johnston
Jones N Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord Y Lucas YMaddox NMann
N Martin, J N Martin, J.L NMassey NMcBee NMcCall

Y McClinton N McKinney N Mills Y Mobley NMosley Y MueUer NO'Neal YOrrock NParham NParrish N Parsons Y Pelote N Perry N Pinholster NPoag NPolak
N Ponder Porter
N Powell NPurcell YRagas
YRandall NRay E Reaves N Reichert NRice N Richardson

Y Roberts N Rogers N Royal
N Sanders N Sauder N Scarlett NScheid N Scott N Shanahan NShaw NSherrill NSMpp NSims Y 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 NSnelling NSnow NStallings N Stancil, F

On the adoption of the amendment, the ayes were 25, nays 142. The amendment was lost.

N Stancil, S Y Stanley, L Y Stanley, P N Stephens E Taylor YTeague YTeper Y Thomas YTillman
N Titus NTolbert
NTrense Turnquest
NTwiggs N Walker, L N Walker, RX Y Watson NWest N Westmoreland NWhitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

The following amendment was read and adopted:

Representatives Brown of the 130th, Epps of the 131st, Snelling of the 99th, Smith of the 103rd and and Smith of the 102nd move to amend the Committee substitute to HB 1163 by striking line 25 of page 3 and inserting in lieu thereof the following:
"Representatives. Within 30 days of its creation, the committee shall meet and adopt procedures for the accomplishment of its purposes under this Code section. The commit tee is authorized to utilize the facilities and personnel of the department for such pur poses. During any privatization process, the".
By striking lines 10 and 11 on page 4 and inserting in lieu thereof the following:
"owner's receipt of the director's notification;
(4) Copies of all proposals received in response to the bid documents, and copies of draft contracts and correspondence related thereto exchanged between the owner and any prospective contractor, and copies of any additional documents from the owner or any prospective contractor that the committee deems necessary or advisable to review in order to accomplish its duties under this subsection; and
(5) A copy of the fully executed contract, consistent".

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

Y Alien Y Anderson
YAshe

Y Bailey Y Bannister
YBarfoot

Y Barnard YBaraes
Y Bates

Y Benefield YBirdsong EBohannon

Y Bordeaux Y Bradford YBreedlove

MONDAY, FEBRUARY 9, 1998

481

Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash YChannell YChOders Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper
YCrawford YCrews YCulbreth Y Cununings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDizon YDobbs Y Dukes YEhrhart

YEpps Y Evans
YEverett YFelton YPloyd Y Franklin Y Golden Y Graves YGreene Y Grindley
YHammontree Y Manner Y Harbin
Y Heard YHecht YHeckstall
Hegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston

YJonee Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrisb Y Parsons YPelote Y Perry Y Pinholster YPoag

YPolak Y Ponder
Porter YPowell YPurcell YRagas YRandall
YRay E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid 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
YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens E Taylor YTeague YTeper Y Thomas YTilhnan Y Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthaa YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Smyre of the 136th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1158.

By Representative Childers of the 13th:
A bill to amend Code Section 43-11-21 of the Official Code of Georgia Anno tated, relating to conscious sedation by dentists, so as to provide for certain physicians and nurse anesthetists to administer conscious sedation.

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 Bannister YBarfoot Y Barnard
Y Bates Y Benefield
Birdsong EBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges

Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T

YConnell Y Cooper Y Crawford YCrews Y Culbreth Y Cummuigs
Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YOU YDixon YDobbs Y Dukes
Ehrhart

YEpps Y Evans Y Everett Y Felton YPloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall

Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson

482

JOURNAL OF THE HOUSE,

YJohnstan Jones
Y Joyce YKaye
YUdd YLakly YLane YLee YLewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCaU Y McClinton

Y McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry Y Pinholster
YPoag YPolak Y Ponder
Porter YPowell YPurceU YRagas

YRandall YRay Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett 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 YSnelling
YSnow Y Stalling!
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens E Taylor
Teague YTeper

Y Thomas YTillman Y Titus Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland YWhitaker YWUes Y WUliams, B YWOliams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

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

HB 1268. By Representatives Holmes of the 53rd, Hecht of the 97th, Hudson of the 120th, DeLoach of the 172nd and Bohannon of the 139th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment.

The following Committee substitute was read and adopted:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment; to enact a new Part 4 of Article 11 of Chapter 3 of said title regulating the use of optical scanning voting equipment; 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. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety paragraph (15) of Code Section 21-2-2, relating to definitions appli cable to primaries and elections generally, and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) 'Official ballot' means a paper ballot which is furnished by the superintendent in accordance with Code Section 21-2-280; including ballots read by optical scanning tabulators."
SECTION 2. Said title is further amended by striking in its entirety Code Section 21-2-365, relating to use of optical scanning equipment, which reads as follows:
"21-2-365. Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
SECTION 3. Said title is further amended by inserting after Part 4 of Article 11 of Chapter 2 thereof a new Part 5 to read as follows:

MONDAY, FEBRUARY 9, 1998

483

"Part 5
21-2-480. (a) At the top of each ballot for an election in a precinct using optical scanning voting equipment 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) Optical scanners using ovals or squares. To vote blacken the oval or square (_____) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in section and blacken the oval or square next to the write-in section. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (2) Optical scanners using arrows. To vote, complete the arrow (_____) to the right of the name of the candidate for whom you wish to vote. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in space pro vided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or writ ten matter is prohibited. (c) The ballot for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party of body. (d) The titles of offices may be arranged horizontally with the names of candidates for an office arranged transversely under the title of the office. The incumbency of a candi date seeking election for the public office he or she then holds shall be indicated on the ballot. (e) The form and arrangement of ballots shall be prepared by the superintendent.
(f) 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 as an independent. (g) When presidential electors are to be elected, the names or 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 States. (h) 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 below the groups of candidates for the various offices. Proposed consti tutional amendments so submitted shall be printed in brief form as directed by the Gen eral 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 ques tions 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. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked. (i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.
21-2-481.

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Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot.
21-2-482. Ballots in a precinct using optical scanning voting equipment for use by absentee elec tors shall be prepared sufficiently in advance by the superintendent and shall be deliv ered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines, vote recorders, or optical scanners the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the fol lowing: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State.
21-2-483. (a) In primaries and elections in which optical scanners are used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count. (b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendent's authorized deputy shall touch any ballot or bal lot container. (c) At the tabulating center, the seal on each container of ballots shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballots and other contents of the container shall then be removed, and the ballots shall be prepared for processing by the tabulating machines. The ballots of each polling place shall be plainly identified and cannot be commingled with the ballots of other polling places. (d) Upon completion of tabulation of the votes, the superintendent shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged; (2) The number of spoiled and invalid ballots; and (3) The number of unused ballots.
The superintendent shall cause to be placed one copy of the recap form and the defec tive, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot supply con tainer.
(e) For any election for which there is a qualified write-in candidate, the feature on pre cinct count and central count tabulators allowing separation of write-in votes shall be utilized. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot exceeds the allowed number for the office, the vote cast for that office only shall not be counted. In the discretion of the superintendent, either a duplicate ballot shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote.
(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order the proper election official at the tabulating center or precinct to prepare a true duplicate copy for processing with the ballots of the same polling place, which shall be verified in the presence of a witness. All duplicate ballots shall be clearly labeled by the

MONDAY, FEBRUARY 9, 1998

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word 'duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective ballot. The defective ballot shall be retained. (g) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot that cannot be processed by the tabulator for revaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed. (h) The official returns of the votes cast on ballots at each polling place shall be printed by the tabulating machine. The returns thus prepared shall be certified and promptly posted. The ballots, spoiled, defective, and invalid ballots, and returns shall be filed and retained as provided by law.
21-2-484. Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged; (2) The number of spoiled and invalid ballots; and (3) The number of unused ballots. The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened without breaking the seal. The managers shall then deliver in the custody of at least two poll officers the container to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location.
21-2-485. As soon as the polls are closed and the last elector has voted in precincts in which opti cal scanners are used, the poll officers shall:
(1) For central count optical scan ballots: (A) Seal the ballot box and deliver the ballot box to the tabulating center, as desig nated by the superintendent; and (B)(i) Examine the ballots and separate those ballots containing write-in votes, (ii) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot voted by the same elector, so that write-in ballots may be identified with the corresponding ballots. (iii) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked 'Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballots. (iv) Place any ballot that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked 'Defective Ballots' and place the envelope in the container with other ballots; and
(2) For precinct count optical scan ballots: (A) Feed ballots from the auxiliary compartment of the ballot box, if any, through the tabulator; and (B) After all ballots have been fed through the tabulator the poll officer shall cause the tabulator to print out a tape with the total votes cast in each election.
21-2-486. The superintendent, in computing the votes cast at any election, shall compute and cer tify only those write-in votes properly cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector."
SECTION 4. Said title is further amended by striking in its entirety paragraph (15) of Code Section 21-3-2, relating to definitions applicable to municipal primaries and elections, and insert ing hi lieu thereof a new paragraph (15) to read as follows:

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"(15) 'Official ballot' means a paper ballot which is furnished by the superintendent in accordance with Code Section 21-3-280! including ballots read by optical scanning tabulators."
SECTION 5. Said title is further amended by striking in its entirety Code Section 21-3-264, relating to use of optical scan voting systems, which reads as follows:
"21-3-264.
Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
SECTION 6. Said title is further amended by adding after Part 3 of Article 9 of Chapter 3 thereof a new Part 4 to read as follows:
"Part 4
21-3-270. (a) At the top of each ballot for an election in a precinct using optical scanning voting equipment 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) Optical scanners using ovals or squares. To vote blacken the oval or square (_____) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in section and blacken the oval or square next to the write-in section. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (2) Optical scanners using arrows. To vote, complete the arrow (_____) to the right of the name of the candidate for whom you wish to vote. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in space pro vided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided. (3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or writ ten matter is prohibited. (c) The ballot for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party of body. (d) The titles of offices may be arranged horizontally with the names of candidates for an office arranged transversely under the title of the office. The incumbency of a candi date seeking election for the public office he or she then holds shall be indicated on the ballot. (e) The form and arrangement of ballots shall be prepared by the superintendent. (f) 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 as an independent. (g) When presidential electors are to be elected, the names or 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 States. (h) 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

MONDAY, FEBRUARY 9, 1998

487

upon the ballot below the groups of candidates for the various offices. Proposed consti tutional amendments so submitted shall be printed in brief form as directed by the Gen eral 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 ques tions 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. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked. (i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.
21-3-271. Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot.
21-3-272. Ballots in a precinct using optical scanning voting equipment for use by absentee elec tors shall be prepared sufficiently in advance by the superintendent and shall be deliv ered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines, vote recorders, or optical scanners the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the fol lowing: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State.
21-3-273. (a) In primaries and elections in which optical scanners are used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count. (b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendent's authorized deputy shall touch any ballot or bal lot container. (c) At the tabulating center, the seal on each container of ballots shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballots and other contents of the container shall then be removed, and the ballots shall be prepared for processing by the tabulating machines. The ballots of each polling place shall be plainly identified and cannot be commingled with the ballots of other polling places. (d) Upon completion of tabulation of the votes, the superintendent shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged; (2) The number of spoiled and invalid ballots; and (3) The number of unused ballots. The superintendent shall cause to be placed one copy of the recap form and the defec tive, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot supply con tainer.

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(e) For any election for which there is a qualified write-in candidate, the feature on pre cinct count and central count tabulators allowing separation of write-in votes shall be utilized. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot exceeds the allowed number for the office, the vote cast for that office only shall not be counted. In the discretion of the superintendent, either a duplicate ballot shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote. (f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order the proper election official at the tabulating center or precinct to prepare a true duplicate copy for processing with the ballots of the same polling place, which shall be verified in the presence of a witness. All duplicate ballots shall be clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective ballot. The defective ballot shall be retained. (g) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot that cannot be processed by the tabulator for revaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed. (h) The official returns of the votes cast on ballots at each polling place shall be printed by the tabulating machine. The returns thus prepared shall be certified and promptly posted. The ballots, spoiled, defective, and invalid ballots, and returns shall be filed and retained as provided by law.
21-3-274. Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged; (2) The number of spoiled and invalid ballots; and (3) The number of unused ballots. The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened without breaking the seal. The managers shall then deliver in the custody of at least two poll officers the container to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The remaining copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location.
21-3-275. As soon as the polls are closed and the last elector has voted in precincts in which opti cal scanners are used, the poll officers shall:
(1) For central count optical scan ballots: (A) Seal the ballot box and deliver the ballot box to the tabulating center, as desig nated by the superintendent; and (B)(i) Examine the ballots and separate those ballots containing write-in votes, (ii) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot voted by the same elector, so that write-in ballots may be identified with the corresponding ballots. (iii) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked 'Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballots. (iv) Place any ballot that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked 'Defective Ballots' and place the envelope in the container with other ballots; and

MONDAY, FEBRUARY 9, 1998

489

(2) For precinct count optical scan ballots: (A) Feed ballots from the auxiliary compartment of the ballot box, if any, through the tabulator; and (B) After all ballots have been fed through the tabulator the poll officer shall cause the tabulator to print out a tape with the total votes cast in each election.
21-3-276. The superintendent, in computing the votes cast at any election, shall compute and cer tify only those write-in votes properly cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y AndereoD YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Baraes Y Bates YBenefield
Birdsong E Bohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter YByrd Y Campbell
Y Canty YCash Y Channel!
YChildera Y Clark YCoan
YColeman, B YColeman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings
Davis,G Y Davis, M YDay YDeLoach, B Y DeLoach, G
Dii YDixon YDobbs Y Dukes YEhrhart YBpps
YBverett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee 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
Porter YPowell YPurcell YRagas YRandall YRay E Reaves Y Reichert
Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid 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 YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens E Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest
Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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HR 1030. 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 message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:

The Senate has disagreed to the House substitute to the following bill of the Senate:

SB 369. By Senator Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appellate Court Justices and Judges serving as judges of the appellate courts; to change the provisions relating to compensation, travel, per diem, and pay allowances.

Representative Floyd of the 138th District, Vice-Chairman of the Committee on Agri culture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1539 Do Pass HR 995 Do Pass SB 420 Do Pass, by Substitute
Respectfully submitted, 1st Floyd of the 138th
Vice-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 rec ommendations:

HB 978 Do Pass, by Substitute HB 1274 Do Pass

HB 1440 Do Pass, by Substitute HB 1441 Do Pass

Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:

MONDAY, FEBRUARY 9, 1998

491

Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 751 Do Pass, by Substitute HB 1082 Do Pass, by Substitute SB 326 Do Pass
Respectfully submitted, /a/ Cummings of the 27th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 873 Do Pass, by Substitute HR 998 Do Pass HR 1001 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 1219 Do Pass HB 1421 Do Pass

HB 1423 Do Pass HB 1485 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.

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Representative Hall, Atlanta, Georgia Tuesday, February 10, 1998

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 Birdsong Bohannon Bradford Bridges Brooks Brown
Buck Burkhalter
EByrd Campbell
gan*T
--?/ S?JTM
fCk
COM,
Coleman B
Connell '
Cooper

Crews Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dixon Dobbs Dukes Ehrhart Epps Everett Felton Floyd
Franklin Golden
Graves Greene
Grindley
Hammontree Hanner
Harbin
Heard
Hecht
Heckstall
Holland

Houston Howard Hudgens Hudson, H Hudson, N Jackson James Jamieson Johnson Johnston Joyce Kaye Ladd Lakly Lane
Lewis Lord
Mann Manning
Martin, J
Martin, J.L Massey
McBee
McCall
McKinney
Mills
Mosley

Mueller O'Neal Parham Parrish Perry Pinholster Poag Polak Ponder Purcell Ragas E Reaves Reichert Rice Richardson
Royal Sanders
Sauder Scarlett
Scott
Shanahan Shaw
Sherrill
Shipp
Sinkfield
Smith, C
Smith, C.W

Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Stancil, S Stanley, L Stephens Taylor Teper Tillman Titus
Trense Turnquest
Twiggs Walker, R.L
Watson
West Westinoreland
Whitaker
Wiles
Williams, R
Worthan
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lee of the 94th, Maddox of the 72nd, Jones of the 71st, Tolbert of the 25th, Stanley of the 49th, Roberts of the 162nd, Porter of the 143rd, Yates of the 106th, Coleman of the 142nd, Crawford of the 129th, Evans of the 28th, Day of the 153rd, Smyre of the 136th, Orrock of the 56th, Hegstrom of the 66th, Holmes of the 53rd, Breedlove of the 85th, Snow of the 2nd, Jenkins of the 110th, Rogers of the 20th, Randall of the 127th, Buckner of the 95th, McClinton of the 68th, Williams of the 83rd, Pelote of the 149th, Powell of the 23rd, Henson of the 65th, Irvin of the 45th, Benefield of the 96th, Bunn of the 74th, Lucas of the 124th, Scheid of the 17th, Thomas of the 148th and Dix of the 76th.
They wish to be recorded as present.

Prayer was offered by Dr. Tim Dowdy, Pastor, Eagles Landing First Baptist Church, McDonough, 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, FEBRUARY 10, 1998

493

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

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

HB 1597. By Representative Channell of the lllth: A bill to provide a new charter for the City of Woodville.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1598. By Representative Channell of the lllth: A bill to create the Green County Family Connection Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1599. By Representative Trense of the 44th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for public office, so as to exempt independent expenditures from certain limitations regarding contributions.
Referred to the Committee on Rules.

HB 1600. By Representatives Dukes of the 161st and Everett of the 163rd:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 161 and 163.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1601. By Representative Channell of the lllth:
A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1602. By Representatives Heckstali of the 55th, Holmes of the 53rd, Randall of the 127th, Mobley of the 69th, Maddox of the 72nd and others:
A bill to be known as the "Prenatal Care Act of 1998"; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the duty of each parent to provide for prenatal care for a child and the child's mother during the pregnancy.
Referred to the Committee on Judiciary.

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HB 1603. By Representative 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 with respect to the effective date of annexation.
Referred to the Committee on State Planning & Community Affairs.
HB 1604. By Representative Barnes of the 33rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities gener ally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the com mon areas of such project, except in certain circumstances.
Referred to the Committee on Judiciary.
HB 1605. By Representatives Stallings of the 100th and West of the 101st:
A bill to amend an Act establishing a city court in the City of Carrollton (later renamed the Carroll County State Court), so as to change provisions relating to the terms of court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1606. By Representative Johnston of the 81st:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to provide for court orders requiring child support for a child attending a postsecondary institution in certain circumstances; to provide for construction.
Referred to the Committee on Judiciary.
HB 1607. By Representative Hammontree of the 4th:
A bill to amend Code Section 40-2-8 of the Official Code of Georgia Anno tated, relating to operation of unregistered vehicles or vehicles without cur rent license plates, revalidation decals or county decals, storage of unlicensed vehicles, jurisdiction, and disposition of fines, so as to authorize county tag agents to issue a notice for temporary display on vehicles recently acquired and not currently registered.
Referred to the Committee on Motor Vehicles.
HB 1608. By Representatives Day of the 153rd, Stephens of the 150th, Thomas of the 148th, Mueller of the 152nd, Pelote of the 149th 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 $30,000.00 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 1609. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to amend an Act creating a new charter for the City of Albany, so as to provide for staggered terms of office of four years for the mayor and city commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 10, 1998

495

HB 1610. By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairperson, vice chairper son, and members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1611. By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation to be paid to the judge and the solicitor of such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1612. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill creating the Small Claims Court of Dougherty County, now the Magis trate Court of Dougherty County, so as to provide for a chief magistrate and not more than three additional full-time magistrates.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1613. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dougherty County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1614. By Representatives Roberts of the 162nd, Everett of the 163rd, Dukes of the 161st and Holland of the 157th:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1615. By Representatives Roberts of the 162nd and Everett of the 163rd:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1616. By Representatives Coleman of the 142nd and Martin of the 47th:
A bill to amend Code Section 31-7-95 of the Official Code of Georgia Anno tated, relating to funding of medical education provided by hospital authori ties and designated teaching hospitals, so as to change a grant amount; to restrict funding for residents funded through other grants administered by the board of regents.
Referred to the Committee on Appropriations.

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HB 1617. By Representatives Walker of the 141st and Martin of the 47th:
A bill to transfer certain ministerial functions relating to the payment of compensation, fees, and expenses for the superior courts and district attor neys from the Department of Administrative Services to the appropriate agencies within the Judicial Branch of state government.
Referred to the Committee on Judiciary.

HR 1029. By Representative Channell of the lllth:
A resolution honoring Mr. Donald Ridley and designating the bridge over Beaver Dam Creek on State Route 24 in Putnam County as the "Donald Ridley Bridge".
Referred to the Committee on Transportation.

HR 1031. By Representatives Ray of the 128th and Walker of the 141st:
A resolution designating a portion of U.S. Highway 341 as the "George B. Culpepper Highway".
Referred to the Committee on Transportation.

HR 1032. By Representatives Snelling of the 99th, Benefield of the 96th, Irvin of the 45th and Davis of the 60th:
A resolution expressing the consensus of the House of Representatives regarding Georgia's share of federal highway trust funds.
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 1627. By Representatives Murphy of the 18th, Hudson of the 156th, West of the 101st, Perry of the llth, Shaw of the 176th and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs under the "Quality Basic Education Act," so as to define terms; to provide that no high school which receives funds under said Act shall participate in or sponsor interscholastic sports events which are conducted under the authority of any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with certain requirements.
Referred to the Committee on Education.

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

HB 1576 HB 1577
HB 1579 HB 1580 HB 1581
HB 1582 HB 1583 HB 1584

HB 1585 HB 1586
HB 1587 HB 1588 HB 1589
HB 1590 HB 1591 HB 1592

TUESDAY, FEBRUARY 10, 1998

497

HB 1593 HB 1594 HB 1595 HR 1024 SB 337 SB 481 SB 482

SB 514 SB 564 SR 592 HB 1575 HB 1578 HB 1596

Pursuant to Rule 52, Representative Ladd of the 59th moved that the following Bill of the House be engrossed:

HB 1575. By Representative Lord of the 121st:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to change certain provisions relating to coverage of treatment of mental dis orders.

The motion prevailed.

Pursuant to Rule 52, Representative Perry of the llth moved that the following Bill of the House be engrossed:

HB 1578. By Representative Perry of the llth:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit driving a motor vehicle off of the premises of an establishment where gasoline offered for retail sale was dispensed into the vehicle unless payment or authorized charge has been made for such gasoline.

The motion prevailed.

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:

HB 1596. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Day of the 153rd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, 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 motion prevailed.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 484 Do Pass

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Respectfully submitted, /s/ Lane of the 146th
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 262 Do Pass, by Substitute HB 414 Do Pass, by Substitute HB 1364 Do Pass, by Substitute

HB 1422 Do Pass, by Substitute SB 315 Do Pass, by Substitute

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1238 Do Pass, by Substitute HB 1559 Do Pass HB 1574 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 10, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enu merated below:
HB 812 Communications officers and dispatch centers; training in TDD's HB 1145 Motor vehicles; ad valorem tax; exempt former prisoners of war HB 1174 Homestead exempt; persons receive when absent for health reasons HB 1175 Excise tax; certain fees; exempt certain agricultural equipment HB 1214 Liens in favor of funeral directors; provide P.P. 2/10/98 HB 1295 Soil & water conservation; certain data; district supervisors provide HB 1301 Soil conservation; promotion and education; authorize expenditure HB 1306 Receiving stolen property; firearm possession; trial upon accusation HB 1391 Georgia Street Gangs Act of 1998; enact P.P. 2/10/98 HB 1393 Watercraft; boating under the influence; child endangerment

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499

HB 1394 Watercraft; age limitation on operation HB 1424 Income tax; increase retirement income exclusion HB 1434 "Bill of Rights Day"; designate December 15 HB 1502 Hse of Reps; reapportion districts 156, 157, 165, 166, 172, 173, 174
HR 292 "Lacoda Trail Memorial Parkway"; designate Georgia Highway 334 HR 812 Dewey D. Rush Highway; 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 considera tion and read the third time:

HB 1238. By Representatives McKinney of the 51st and Brooks of the 54th:
A bill to amend an Act re-creating a system of state courts of limited juris diction 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 provide for conditions for the appointment of judges pro hac vice for such courts.

The following Committee substitute was read and adopted:

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 decen nial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), so as to provide for conditions for the assignment of judges pro hac vice for such courts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act 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, approved April 4, 1996 (Ga. L. 1996, p. 627), is amended by striking Section 17 thereof and inserting in its place the following:
"SECTION 17. Service by judges pro hac vice. Upon certification by the chief judge that the business of the court is such that addi tional help is needed to promptly handle the business of the court, the chief judge may assign one or more attorneys at law to act as judge pro hac vice. Any person assigned judge pro hac vice shall possess the same qualifications as required for judges within this Act. Each judge pro hac vice while serving as such shall have all the powers and author ity of a judge. No person may be assigned as judge pro hac vice if any senior judge has notified, in writing, the chief judge of that senior judge's willingness to serve as an addi tional judge of such court within the 60 day period prior to the date the chief judge pro poses to assign a judge pro hac vice unless such senior judge has failed or refused to serve when called upon following that notification. When the additional help needed by the court exceeds the number of senior judges willing to serve as additional judges of such court, the chief judge may then assign persons as judges pro hac vice to meet such needs if such persons are otherwise qualified as such judges."

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

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1559. By Representatives Skipper of the 137th and Manner of the 159th:
A bill to change the compensation of the members of the Marion 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 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1574. By Representative Greene of the 158th: A bill to create the Quitman County Water and Sewerage Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1443.

By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the residency requirements with respect to candi dates for membership on the board.

HB 1457.

By Representative Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Cuthbert, so as to change the provisions relating to the election, qualifications, and terms of office of the mayor and aldermen.

TUESDAY, FEBRUARY 10, 1998

501

SB 447. By Senators Marable of the 52nd, Dean of the 31st, Clay of the 37th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the appointment of an educational care team upon application by a local board of education; to provide for the duties of an educational care team; to provide for related matters; to provide an effective date.

SB 473. By Senators Land of the 16th, Ralston of the 51st and Oliver of the 42nd:
A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Anno tated, relating to child abuse, so as to change the provisions relating to meet ings and proceedings of child abuse protocol committees and subcommittees; to provide that meetings and proceedings of the State-wide Child Abuse Pre vention Panel and child abuse protocol committees and subcommittees in the exercise of their duties shall be subject to Chapter 14 of Title 50, relating to open meetings.

SB 525. By Senators Johnson of the 1st, Dean of the 31st, Perdue of the 18th and others:
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 revise practice and procedure in such proceedings; to eliminate the requirement of demand for possession; to place conditions on tender of rent as a defense; to change the disposition of rent paid into court.

SB 537. By Senators Henson of the 55th and Johnson of the 1st:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to allow for Sunday alcoholic beverage sales at motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons in certain counties; to provide for other related matters; to provide an effective date.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 95. By Representatives Coleman of the 142nd, Murphy of the 18th, Hudson of the 156th 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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 1439. By Representative Channell of the lllth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Oglethorpe County.

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

HR 844. By Representatives Scheid of the 17th, Holmes of the 53rd, Hudson of the 156th and others:
A resolution designating the Vickie E. Bell Memorial Bridge.

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

SB 447. By Senators Marable of the 52nd, Dean of the 31st, Clay of the 37th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the appointment of an educational care team upon application by a local board of education; to provide for the duties of an educational care team; to provide for related matters; to provide an effective date.
Referred to the Committee on Education.

SB 473. By Senators Land of the 16th and Oliver of the 42nd:
A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Anno tated, relating to child abuse, so as to change the provisions relating to meet ings and proceedings of child abuse protocol committees and subcommittees; to provide that meetings and proceedings of the State-wide Child Abuse Pre vention Panel and child abuse protocol committees and subcommittees in the exercise of their duties shall be subject to Chapter 14 of Title 50, relating to open meetings.
Referred to the Committee on Children and Youth.

SB 525. By Senators Johnson of the 1st, Dean of the 31st, Perdue of the 18th and others:
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 revise practice and procedure in such proceedings; to eliminate the requirement of demand for possession; to place conditions on tender of rent as a defense; to change the disposition of rent paid into court.
Referred to the Committee on Judiciary.

SB 537. By Senators Henson of the 55th and Johnson of the 1st:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to allow for Sunday alcoholic beverage sales at motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons in certain counties; to provide for other related matters; to provide an effective date.
Referred to the Committee on Regulated Beverages.

Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

TUESDAY, FEBRUARY 10, 1998

503

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

HR 1001.

By Representatives Barnes of the 33rd, Brooks of the 54th, McKinney of the 51st and Walker of the 141st:
A resolution commending Martin Luther King III and inviting him to appear before the House of Representatives.

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

HB 1174.

By Representatives Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding property tax exemptions, so as to authorize certain individuals who are absent from their residence due to health reasons to continue to receive homestead exemptions.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to def initions regarding property tax exemptions, so as to authorize certain individuals who are absent from their residence due to health reasons to continue to receive homestead exemp tions; to provide for applicability; to provide for a referendum, effective dates, and auto matic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, is amended in paragraph (3) by striking "or" at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and insert ing in its place "; or," and by adding a new subparagraph immediately following subpara graph (L), to be designated subparagraph (M), to read as follows:
"(M) Absence of an individual from such individual's residence because of health reasons shall not in and of itself be considered as a waiver upon the part of the individual in applying for a homestead exemption if all other qualifications are oth erwise met. Any member of the immediate family of the individual or a friend of the individual may notify the tax receiver or the tax commissioner of the individual's absence. Upon receipt of this notice, the tax receiver or tax commis sioner shall grant the homestead exemption to the individual who is absent for health reasons."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election for the approval or disapproval of this Act on the date of the November, 1998, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the refer endum. The ballot shall have written thereon the following:
"( ) YES Shall the Act be approved which authorizes certain individuals who are absent from their residence due to health reasons to continue to receive
( ) NO homestead exemptions?"

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All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1999, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 1999.
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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner
Bunn Y Burkhalter EByrd Y Campbell
Y Canty Cash
Y Channel! YChilders 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 YDiion
YDobbs Y Dukes
Ehrhart YEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGnene Y Grindley Y Hammontree
Manner
Y Harbin Y Heard YHecht YHeckstaU
Y Hegstrom YHenson Y Holland
Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson
Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord
Lucas Y Maddox YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee
McCaU McClinton Y McKinney Y Mills Mobley
YMosley
Y Mueller
YO'Neal
YOrrock
Y Parham

YParrish Parsons
Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell
Purcell YRagas
Randall Ray E Reaves YReichert YRice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott Y Shanahan YShaw YSherrill 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 YSnelling YSnow
StaUings Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Teague YTeper Thomas Y Tillman Titus Y Tolbert YTrense Turaquest YTwiggs Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhi taker
Y Wiles Y WiUianu, B
Y Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Cash of the 108th 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.

TUESDAY, FEBRUARY 10, 1998

505

HB 1175. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd, Hudson of the 156th and Reaves of the 178th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from the excise tax on motor fuel certain sales of dyed fuel oils with respect to agricultural field use vehicles; to provide for annual licensing and fees for agricultural field use vehicles; to exempt fertilizer application equipment and crop protection chemical appli cation equipment from such annual licensing and fees.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and tax ation, so as to provide for a refund of certain motor fuel excise taxes with respect to agri cultural field use vehicles; to provide for annual licensing and fees for agricultural field use vehicles; to exempt fertilizer application equipment and crop protection chemical applica tion equipment from such annual licensing and fees; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph immediately preceding paragraph (1) of Code Section 48-9-2, relating to definitions, to be designated paragraph (.1), to read as follows:
"(1) 'Agricultural field use' means the use of motor fuel of a type other than gasoline by vehicles licensed under paragraph (.1) of Code Section 48-10-1. Such term shall include the incidental movement over a highway as well as all off-road operations."
SECTION 2. Said title is further amended by adding a new paragraph at the end of subsection (a) of Code Section 48-9-10, relating to refunds of motor fuel taxes in general, to be designated paragraph (3) to read as follows:
"(3) Businesses engaged in the sale and field application of fertilizers, crop protection chemicals, and poultry litter which operate vehicles licensed for agricultural field use as defined in paragraph (.1) of Code Section 48-9-2 are entitled to a refund of motor fuel taxes paid on purchases of diesel fuel. The commissioner shall prescribe a simpli fied method of filing the proper records of taxable diesel fuel purchases used exclu sively for agricultural field use vehicles which shall serve as the basis for the refund. The refund shall be computed by multiplying the total annual volume of taxable die sel fuel purchases used exclusively for agricultural field use vehicles, times the com bined total of the current state motor fuel tax and the second motor fuel tax, with the resulting product further multiplied by a factor of .90. The commissioner shall adopt such additional rules and regulations as may be necessary to provide for the proper administration of this paragraph."
SECTION 3. Said title is further amended by adding a new paragraph immediately preceding paragraph (1) of Code Section 48-10-1, relating to definitions, to be designated paragraph (.1), to read as follows:
"(.1) 'Agricultural field use vehicle' means a commercial truck designed specifically for field applications of fertilizers, poultry litter, and crop protection chemicals which is owned and operated by a farmer or business engaged in the sale and application of fertilizers, poultry litter, and crop protection chemicals and is operated primarily off the highway."

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SECTION 4. Said title is further amended by striking paragraph (16) of subsection (a) of Code Section 48-10-2, relating to annual licensing and fees, and inserting in its place a new paragraph (16) to read as follows:
"(16) Heavy earth-moving machinery, fertilizer application equipment, and crop pro tection chemical application equipment, not including trucks, used primarily off the highway shall not be required to be licensed under this chapter;".

SECTION 5. Said title is further amended by striking the period and inserting in its place a semicolon at the end of paragraph (17) of subsection (a) of Code Section 48-10-2, relating to annual licensing and fees, and by adding a new paragraph immediately following paragraph (17), to be designated paragraph (18), to read as follows:

"(18) For each agricultural field use vehicle.,

31.00"

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndenoo YAshe Y Bailey
Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield YBirdsong Y Bohnnnon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner
Bunn Y Burkhalter EByrd Y Campbell
Canty YCash Y Channel! YChilders Y Clark YCoan Y Coleman. B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews

YCulbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoacfa, B YDeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps
Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
YHeckatall Y Hegstrom YHenson Y Holland
Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson James Y Jamieson Y Jenkins Y Johnson
Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis
YLord Lucas
Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney YMills Y Mobley YMosley Y Mueller YCVNeal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandaU YRay E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan YShaw YSherrill 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas Tillman Titus YTolbert YTrense Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker 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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

TUESDAY, FEBRUARY 10, 1998

507

Representative Howard of the 118th 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 1424. By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for income tax pur poses, so as to increase the amount of retirement income exclusion.

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
Bannister YBarfoot Y Barnard YBaraes Y Bates YBenefield Y Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges
Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter EByrd Y Campbell Y Canty YCash YChannell Y Childen Y Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews

Y Culbreth Y CununingB Y Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps
Evans YEverett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
Hegstrom Henson Y Holland Y Holmes Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins Y Johnson
Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord
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
Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan YShaw YSherrUl YShipp
Sims Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.K 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 Stephens Y Taylor
Teague YTeper
Thomas YTillman Y Titus Y Tolbert
Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Houston of the 166th 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.

Due to a mechanical malfunction, the vote of Representative Lee of the 94th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

508

JOURNAL OF THE HOUSE,

HB 1145. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Heard of the 89th and others:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to provide for an exemption with respect to certain motor vehicles owned by former prisoners of war.

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

Alien Y Anderson
Y Ashe Y Bailey
Bannister
YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove
Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter EByrd Y Campbell Y Canty YCash YChannell Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawfbrd Y Crews

Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs
Y Dukes
YEhrhart YEpps
Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
YHeckstall Hegstrom Henson
Y Holland Y Holmes
Y Houston 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
Lee 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

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay E Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett
Scheid Y Scott YShanahan YShaw YSherriU 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas YTilhnan Y Titus Y Tolbert YTrense
Turnquest YTwiggs
Walker, L
Y Walker, R.L Y Watson YWest 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, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 1214. By Representatives Sims of the 167th, DeLoach of the 119th, Lord of the 121st, West of the 101st and Randall of the 127th:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide for liens of funeral directors.

Pursuant to Rule 134, Representatives Sims of the 167th, DeLoach of the 119th and West of the 101st were excused from voting on HB 1214.

TUESDAY, FEBRUARY 10, 1998

509

The following amendment was read:

Representative Richardson of the 26th moves to amend HB 1214 as follows: On Page 2, Line 34, delete the entire line. And insert in place on Page 2, Line 34, the following:
Property of the estate of the deceased person for whom they have entered a
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Andersen
YAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford
Breedlove N Bridges N Brooks Y Brown NBuck YBuckner YBunn Y Burkhalter EByrd
Y Campbell N Canty YCash NChannell NChildera Y Clark YCoan YColeman, B N Coleman, T NConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings N Davis, G Y Davis, M YDay NDeLoach, B
DeLoach, G NDii NDixon NDobbs N Dukes YEhrhart
NEpps Y Evans YEverett Y Felton NFloyd Y Franklin Y Golden Y Graves NGreene N Grindley
Y Hammontree N Manner N Harbin N Heard YHecht
Heckstall N Hegstrom N Henson N Holland N Holmes Y Houston
Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston
Jones Y Joyce
YKaye YLadd
Lakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann
Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton Y McKinney Y Mills N Mobley N Mosley N MueUer NO'Neal
Orrock NParham

NParrish Y Parsons N Pelote N Perry
Y Pinholster NPoag YPolak Y Ponder N Porter N Powell NPuicell NRagas NRandall NRay N Reaves Y Reichert YRice Y Richardson N Roberts Y Rogers N Royal
Y Sanders N Sauder N Scarlett Y Scheid Y Scott YShanahan
Shaw NSherrill NShipp
Sims Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 70, nays 94. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V
NSmyre YSnelling NSnow N Stalling NStancil, F N Stancil, S N Stanley, L
Stanley,? N Stephens N Taylor
Teague YTeper
N Thomas N Tillman N Titus NTolbert YTrense N Turnquest NTwiggs N Walker, L N Walker, R.L N Watson
West Y Westmorland N Whitaker Y Wiles N Williams, B Y Williams, J N Williams, R YWorthan
YYates Murphy, Spkr

The following amendment was read:
Representatives Walker of the 141st, Irvin of the 45th, Skipper of the 137th and Sims of the 167th move to amend HB 1214 as follows:
By adding after the word "contract" on line 35, page 2, the words
", and, provided, that the written contract contain notice that a lien can be established by operation of law upon the failure to pay pursuant to the terms of the contract" and by adding after the word "manner." on line 2, page 3, the following:
"The right of lien, as provided for herein, shall not be a condition to the entering into of a funeral service contract and this fact shall be explained to the maker of the contract prior to execution by the maker."

510

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representative Campbell of the 42nd moves to amend the Walker amendment to HB 1214 as follows:
By adding the following language after the words "the right of lien",
"and the right to foreclose on the property of the maker".

The Walker amendment, as amended, was adopted.

The following amendment was read:

Representative Everett of the 163rd moves to amend HB 1214 as follows: (19) Liens in favor of Real Estate Appraiser's.

Pursuant to Rule 134, Representatives Stencil of the 16th and Everett of the 163rd were excused from voting on the Everett amendment.

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

N Alien NAndenon NAshe NBailey Y Bannister
NBarfoot Y Barnard NBunw
Y Bates NBenefield NBirdsong NBohannon N Bordeaux
N Bradford Breedlove
Y Bridge. N Brooks N Brown NBuck NBuckner YBunn N Burkhalter EByrd N Campbell N Canty NCaah N Channell NChilden N Clark NCoan N Coleman, B NColeman, T NConneU N Cooper N Crawford N Crews

N Culbreth 14 Cumminffs N Davis, G N Davis, M
YDay N DeLoach, B
DeLoach, G NDii NDiion NDobbs Y Dukes NEhrhart
NEppe N Evans
Everett NFelton NFloyd N Franklin N Golden N Graves YGreene N Grindley N Hammontree N Manner N Harbin N Heard NHecht
Heckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard NHudgens N Hudson, H

N Hudson, N N Hugley NIrvin N Jackson N James N Jamieson N Jenkins N Johnson N Johnston
Jones N Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord N Lucas N Maddox NMann
Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton Y McKinney N Mills N Mobley N Motley Y Mueller NO'Neal
Orrock
NParham

NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter YPowell NPurcell NRagas
Randall NRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott
Shaw YSherrill NShipp
Sims Srakfield 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 NSnelling NSnow NStallings N Stancil, F
Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor
Teague NTeper N Thomas NTillman Y Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L
Y Walker, R.L N Watson
West N Westmorland NWhi taker N Wiles Y Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 20, nays 144. The amendment was lost.

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

TUESDAY, FEBRUARY 10, 1998

511

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien
YAndenon NAshe Y Bailey
Bannister Barfoot Y Barnard
YBarnes N Bates YBenefield YBirdsong
NBohannon N Bordeaux N Bradford
Breedlove Y Bridges Y Brooks
N Brown YBuck YBuckner NBunn N Burkhalter EByrd N Campbell Y Canty YCash Y Channel! Y Childen N Clark YCoan Y Coleman, B Y Coleman, T Y Council N Cooper YCrawford Y Crews

Y Culbreth Y CunuDuucs
YDavis, G N Davis, M NDay YDeLoach, B
DeLoach, G YDix YDiion NDobbs
Y Dukes NEhrhart YEpps N Evans
N Everett NFelton YFloyd N Franklin Y Golden
N Graves YGreene Y Grindley N Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall NHegstrom YHenson Y Holland Y Holmes N Houston Y Howard N Hudgens Y Hudson, H

Y Hudson, N Y Hugley NIrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston
Y Jones N Joyce NKaye NLadd YLakly YLane YLee N Lewis YLord Y Lucas Y Maddox NMann
Manning
N Martin, J N Martin, J.L YMassey YMcBee YMcCall N McClinton NMcKinney N Mills Y Mobley
Mosley N Mueller YO'Neal
Orrock YParham

YParrish N Parsons YPelote Y Perry
Y Pinholster YPoag YPolak
N Ponder Y Porter Y Powell YPurcell YRagas
Randall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid N Scott Y Shanahan YShaw YSherrill YShipp
Sims Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R N Smith, P Y Smith, T N Smith, V YSmyre NSnelling NSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTilhnan Y Titus Y Tolbert NTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
West
N Westmorland N Whitaker N Wiles Y Williams, B N Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 111, nays 55.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Bohannon of the 139th and Everett of the 163rd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read:

HR 1033.

By Representatives Connell of the 115th, Murphy of the 18th, Howard of the 118th, Alien of the 117th, Williams of the 114th and others:
A resolution honoring Jerrylyn G. Griffin Walker Dent on the occasion of her 90th birthday.

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 Bannister Y Barfoot Y Barnard

YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford

Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner
YBunn

Y Burkhalter EByrd
Campbell Y Canty YCash YChanneU Y Childers

Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford

512

JOURNAL OF THE HOUSE,

Y Crews
Y Culbreth Y Cummiiizs
YDavis, G Y Davis, M YDay YDeLoach, B
DeLoach, G YDix
Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett YFelton
Floyd Y Franklin
Y Golden Y Graves YGreene
YGrindley Y Hammontree Y Manner
Y Harbin Y Heard YHecht YHeckstaU

YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson Y James Y Jamieson Y Jenltins Y Johnson Y Jonnston Y Jones Y Joyce YKaye YLadd YLakly
Lane YLee Y Lewis YLord
Y Lucas YMaddoi YMann

Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y 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 YPurceU
YRagas YRandall
YRay

Y Reaves Y Reichert
YRice Y Richardson
Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
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 YSnelling YSnow

On the adoption of the Resolution, the ayes were 168, nays 0. The Resolution was adopted.

YStallings Y Stancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
YYates Y Murphy, Spkr

By unanimous consent, HR 1033 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

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

HB 1391.

By Representatives Crews of the 78th and Randall of the 127th:
A bill to enact the "Georgia Street Gangs Act of 1998"; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to designated felonies in juvenile court; to provide procedures under which additional assistant district attorneys may be autho rized; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses.

The following Committee substitute was read:

A BILL
To enact the "Georgia Street Gangs Act of 1998"; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to desig nated felonies in juvenile court; to provide procedures under which additional assistant district attorneys may be authorized; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make unlawful certain acts designed to prevent certain information concerning criminal activity from being communicated to law enforcement officers or agencies or to the courts; to make unlawful certain conduct intended to obstruct justice; to provide penalties; to provide enhanced penalties for terroristic acts and threats done in retaliation for persons having appeared as a witness or party, produced evidence, or provided information to law enforcement officers or agen cies or to the courts; to change the definition of the term "racketeering activity" under

TUESDAY, FEBRUARY 10, 1998

513

the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act"; to revise comprehensively the "Georgia Street Gang Terrorism and Prevention Act"; to define cer tain terms; to make certain activities relating to criminal street gangs and criminal street gang activity unlawful; to provide for penalties; to provide for forfeiture of certain prop erty; to provide for abatement of certain nuisances; to provide for civil actions for injunc tions or damages; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide additional conditions of bail or pretrial release under certain circumstances relating to activities of criminal street gangs; to provide for temporary restraining orders and protective orders in order to prevent and restrain offenses under Code Sections 16-10-32 and 16-10-93; to provide procedures relative to the issuance, expiration, and dissolvement of temporary restraining orders and protective orders; to amend Chapter 8 of Title 20 of the Official Code of Georgia Annotated, relating to campus policemen, so as to require certain educational facilities to report criminal gang activity; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to require the Georgia Bureau of Investigation to maintain data on organized crime and criminal street gangs; to require that certain sub jects be included in basic and in-service training of peace officers; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require jail ers and the Department of Corrections to provide for the separation of members and associates of criminal street gangs while in custody; to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Juvenile Justice, so as to provide for the separation of members and associates of criminal street gangs while in custody of such department; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Street Gangs Act of 1998."
SECTION 2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by add ing between subparagraphs (a)(2)(C) and (a)(2)(D) of Code Section 15-11-37, relating to designated felony acts, a new subparagraph (a)(2)(C.l) to read as follows:
"(C.I) Constitutes any violation of Code Section 16-15-4 relating to criminal street gangs;".
SECTION 3. Said Title 15 is further amended by adding after paragraph (2) of subsection (b) of Code Section 15-18-14, relating to assistant district attorneys, a new paragraph (3) to read as follows:
"(3) Subject to funds being appropriated by the General Assembly, such additional assistant district attorneys as may be authorized by the Prosecuting Attorneys' Coun cil of the State of Georgia."
SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding at the end of Article 2 of Chapter 10, relating to obstruction of public administration and related offenses, a new Code Section 16-10-32 to read as follows:
"16-10-32.
(a) Any person who attempts to kill another person, with intent to: (1) Prevent the attendance or testimony of any person in an official proceeding; (2) Prevent the production of a record, document, or other object, in an official pro ceeding; or (3) Prevent the communication by any person to a law enforcement officer, prosecut ing attorney, or judge of this state of information relating to the commission or possi ble commission of a criminal offense or a violation of conditions of probation, parole, or release pending judicial proceedings

514

JOURNAL OF THE HOUSE,

shall be guilty of a felony and, upon conviction thereof, shall be punished by imprison ment for not less than ten nor more than 20 years. (b) Any person who threatens or causes physical, psychological, or economic harm to another person or a member of such person's family or household, threatens to damage or damages the property of another person or a member of such person's family or household, or attempts to cause physical, psychological, or economic harm to another person or a member of such person's family or household with the intent to hinder, delay, prevent, or dissuade any person from:
(1) Attending or testifying in an official proceeding; (2) Reporting in good faith to a law enforcement officer, prosecuting attorney, or judge of a court of this state, or its political subdivisions or authorities, the commis sion or possible commission of an offense under the laws of this state or a violation of conditions of probation, parole, or release pending judicial proceedings; (3) Arresting or seeking the arrest of another person in connection with a criminal offense; or (4) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding shall be guilty of a felony and, upon conviction thereof, shall be punished by imprison ment for not less than two years nor more than ten years or by a fine of not less than $10,000.00 nor more than $25,000.00, or both. (c)(l) For the purposes of this Code section, the term 'official proceeding' means any hearing or trial conducted by a court of this state or its political subdivisions, a grand jury, or an agency of the executive, legislative, or judicial branches of government of this state or its political subdivisions or authorities. (2) An official proceeding need not be pending or about to be instituted at the time of any offense defined in this Code section. (3) The testimony, record, document, or other object which is prevented or impeded or attempted to be prevented or impeded in an official proceeding in violation of this Code section need not be admissible in evidence or free of a claim of privilege. (4) In a prosecution for an offense under this Code section, no state of mind need be proved with respect to the circumstance:
(A) That the official proceeding before a judge, court, magistrate, grand jury, or government agency is before a judge or court of this state, a magistrate, a grand jury, or an agency of state or local government; or (B) That the judge is a judge of this state or its political subdivisions or that the law enforcement officer is an officer or employee of the State of Georgia or a politi cal subdivision or authority of the state or a person authorized to act for or on behalf of the State of Georgia or a political subdivision or authority of the state. (5) A prosecution under this Code section may be brought in the county in which the official proceeding, whether or not pending or about to be instituted, was intended to be affected or in the county in which the conduct constituting the alleged offense occurred. (d) Any crime committed in violation of subsection (a) or (b) of this Code section shall be considered a separate offense."
SECTION 5. Said Title 16 is further amended by striking in its entirety Code Section 16-10-93, relating to the offense of influencing witnesses, and inserting in lieu thereof a new Code Section 16-10-93 to read as follows:
"16-10-93.
(a) A person who, with intent to deter a witness from testifying freely, fully, and truthfully to any matter pending in any court, in any administrative proceeding, or before a grand jury, communicates, directly or indirectly, to such witness any threat of injury or damage to the person, property, or employment of the witness or to the person, property, or employment of any relative or associate of the witness or who offers or delivers any benefit, reward, or consideration to such witness or to a relative or associate

TUESDAY, FEBRUARY 10, 1998

515

of the witness shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
(b)(l) It shall be unlawful for any person knowingly to use intimidation, physical or psychological force, or threats; to persuade another person by means of corruption or to attempt to do so; or to engage in misleading conduct toward another person with intent to:
(A) Influence, delay, or prevent the testimony of any person in an official proceed ing: (B) Cause or induce any person to:
(i) Withhold testimony or a record, document, or other object from an official proceeding; (ii) Alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; (iii) Evade legal process summoning that person to appear as a witness or to produce a record, document, or other object in an official proceeding: or (iv) Be absent from an official proceeding to which such person has been summoned by legal process; or (C) Hinder, delay, or prevent the communication to a law enforcement officer, pros ecuting attorney, or judge of this state of information relating to the commission or possible commission of a criminal offense or a violation of conditions of probation, parole, or release pending judicial proceedings. (2) Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years or by a fine of not less than $10.000.00 nor more than $20,000.00. or both. (3)(A) For the purposes of this Code section, the term 'official proceeding' means any hearing or trial conducted by a court of this state or its political subdivisions. a grand jury, or an agency of the executive, legislative, or judicial branches of gov ernment of this state or its political subdivisions or authorities. (B) An official proceeding need not be pending or about to be instituted at the time of any offense defined in this Code section. (C) The testimony, record, document, or other object which is prevented or impeded or attempted to be prevented or impeded in an official proceeding in viola tion of this Code section need not be admissible in evidence or free of a claim of privilege. (D) In a prosecution for an offense under this Code section, no state of mind need be proved with respect to the circumstance: (i) That the official proceeding before a judge, court, magistrate, grand jury, or government agency is before a judge or court of this state, a magistrate, a grand jury, or an agency of state or local government; or (ii) That the judge is a judge of this state or its political subdivisions or that the law enforcement officer is an officer or employee of the State of Georgia or a political subdivision or authority of the state OT a person authorized to act for or on behalf of the State of Georgia or a political subdivision or authority of the state.
(E) A prosecution under this Code section may be brought in the county in which the official proceeding, whether or not pending or about to be instituted, was intended to be affected or in the county in which the conduct constituting the alleged offense occurred. (c) Any crime committed in violation of subsection (a) or (b) of this Code section shall be considered a separate offense."
SECTION 6.
Said Title 16 is further amended by adding at the end of Code Section 16-11-37, relating to the offense of terroristic threats and acts, a new subsection (d) to read as follows:
"(d) A person who commits or attempts to commit a terroristic threat or act with the intent to retaliate against any person for:

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(1) Attending a judicial or administrative proceeding as a witness or party or produc ing any record, document, or other object in a judicial or official proceeding; or (2) Providing to a law enforcement officer, adult or juvenile probation officer, prose cuting attorney, or judge any information relating to the commission or possible com mission of an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial release, probation, or parole shall be guilty of the offense of a terroristic threat or act and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than ten years or by a fine of not less than $50,000.00, or both."
SECTION 7. Said Title 16 is further amended by striking subparagraphs (9)(A)(xxxi) and (9)(A)(xxxii) of Code Section 16-14-3, relating to definitions under the "Georgia RICO (Racketeer Influ enced and Corrupt Organizations) Act," and inserting in lieu thereof the following:
"(xxxi) Code Section 16-11-37, relating to terroristic threats and acts; or (xxxii) Code Section 16-5-44.1, relating to motor vehicle hijacking?; (xxiii) Code Section 16-10-32, relating to tampering with witnesses, victims, or informants; (xxxiv) Code Section 16-10-97, relating to intimidation of grand or petit juror or court officer; or (xxxv) Article 11 of Chapter 1 of Title 7 and Sections 5311 through 5330 of Title 31 of the United States Code relating to records and reports of currency transac tions."
SECTION 8. Said Title 16 is further amended by striking in its entirety Chapter 15, relating to street gang terrorism and prevention, and inserting in lieu thereof a new Chapter 15 to read as follows:
"CHAPTER 15
16-15-1.
This chapter shall be known and may be cited as the 'Georgia Street Gang Terrorism and Prevention Act.'
16-15-2.
(a) The General Assembly finds and declares that it is the right of every person regard less of race, color, creed, religion, national origin, ethnicity, sex gender, sexual orienta tion, age, or disability to be secure and protected from fear, intimidation, and physical or psychological harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition law fully constituted authority for a redress of perceived grievances, and to participate in the electoral process. (b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neigh borhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. (c) The General Assembly finds that there are criminal street gangs operating in Geor gia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs which together are the chief source of terror created by street gangs. (d) The General Assembly further finds that an effective means of punishing and deter ring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs.

TUESDAY, FEBRUARY 10, 1998

517

16-15-3.
As used in this chapter, the term: (1) 'Criminal street gang' means any ongoing organization, association, or group of three or more persons associated in fact, whether formal or informal, having as one ef- its primary activitico the commission ef one er mere ef the criminal acts enumerated in subporographs 4A> through (K) ef paragraph (3) ef- this Code section andwhich has which engages in a pattern of criminal gang activity as defined in subsec tion (2) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying sign er symbol and the members ef- which; individually er eetlectivcly, engage in er have engaged in a pattern ef criminal gang- activity signs, sym bols, tattoos, graffiti, or attire or other distinguishing characteristics. (2) 'Pattern of criminal gang activity' means the commission, attempted commission, er solicitation ef two er mere ef the following offcnscs, provided at least one ef these

by tweer ere pcraona conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two of the following offenses, provided that at least one of these offenses occurred after July 1 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity:
(A) Aggravated assault, as defined in Code Section 16-6-21; (B) Aggravated battery, as defined in Code Section 16-6-24; (C) Robbery, as defined in Gode Section 16-8-40; (D) Armed robbery, as defined in Gode Section 16-8-41; (E) Murder er felony murder, as defined in ede Section 16-6-1; (F) Voluntary manslaughter; as defined in Code Section 16-6-2; (G) Involuntary manslaughter, as defined in Gode Section i6-6-3{ (H) The unlawful sale; possession for sale; transportation, manufacture, offer for sale; er offer te manufacture a controlled substance in violation ef any- provision ef Article 3 ef Chapter 13, ef this title; the 'Georgia Controlled Substances Act2; (I) Terroristic threats and acts? as defined in Gede Section 16-11-37; (J) Arson in the first degree, second degree, er third degree, as defined in Code Sec tion 16'7-60, 16-7-61, er 16-7-62; er (K) Influencing witnesses, as defined in Code Section 16-10-03. (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sod omy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to < and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to danger ous instrumentalities and practices: (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the security of state or county correctional facilities; and (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody.
16-15-4.
\vi) -CiXCCpt ftft OW1CFW18C pFOVlQ6u ift 9U D96CT1OH9 \O7 ftWCl \C/ Or ullS OOtt 9GCUOD) Ally
person who actively participates in any criminal street gang- with knowledge that its members engage in er have engaged in a pattern ef criminal gang activity and who wiHfaHy promotes, furthers, or assists in any felonious criminal conduct by members of that gang shall begttUty of a misdcmeaaerr
(b)(l) Eaeept as provided in paragraph (3} ef this subsection er subsection {e) of this Gode section, any person who is convicted ef a felony which is committed for the ben efit of; at the direction of; er in association with any criminal street gang with tile spe-

518

JOURNAL OF THE HOUSE,

; ttpen conviction of that felony, in addition and consecutive te the punishment prescribed for the felony er attempted felony ef which he er she has -been convicted, be puniahcd by an additional terra erf one? two; er three years at the court's discretion. The eeart shall order the imposition ef the middle term ef the sentence enhancement unless there fire circumstances in aggravation er mitigation. 5%e eeart shaH state the reasons for its eheiee ef- sentence enhancements en the reeerd at the time of- Mae sen-
\o)--W otwrtiistAndiii Any otiicr provision of i&Wj TRC COUP* flifty stvIKG tne Addttion&i punishment for the enhancements provided in paragraph (i) ef this subsection in an
UllUBUAi CQSC WttCFC vflG UltePGSt Of JUSUC6 WOUlCr DcSt DC Served tr tile COUrr SpOClHCD
en the reeerd the circumstanees indicating that the interest ef justice would best he served by such disposition. (c) Any person who violates subsection {b) of this Code section in -the commission ef felony punishable by imprisonment for life shall net nave the sentence suspended, pro bated? deferred, er withheld prior te saeh person serving a minnnam ef -tfe yearsr (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang through a pattern of criminal gang activity. (b) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (c) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity. (d) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang. (e) It shall be unlawful for any person to communicate, directly OT indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate OT relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. (g)(l) Any person who violates subsection (a) or (b) of this Code section shall, in adc ition to any other penalty imposed by law, be punished by imprisonment for not less than three nor more than 15 years or by a fine of not less than $5,000.00 nor more than $10.000.00. or both. (2) Any person who violates subsection (c) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such per son by law. (3) Any person who violates subsection (d), (e), or (Q of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one nor more than ten years. (h) Any crime committed in violation of this Code section shall be considered a separate offense.
16-15-5.
(a) Any person whe is convicted ef a public offensc punishable s a misdemeanor which is committed for the benefit ef; at the direction ef; er in association with any criminal sweet |flnf srift1r i&e punisned Dy imprisonment tft ttte county JAII tor ft period not oo
deferred, ef withheld prior te such person's serving ft minimum ef 186 days. \u/--INotwiuisuuidiii^ Any otncr provision of iftWj t/nc court msy rciusc to impose tnc unnimuBEit ^kn sentence TOP cwsuemeflnofs fts ppovidcd tn su bsection \&) OT tnis oode secTM tion IB AR unusuAl CASG wncpc tile interests of justice would Dcst Hue served n tfte

TUESDAY, FEBRUARY 10, 1998

519

opccificB en the feeercl the circumstances indicating that the interests of justice wealdbest be served by stick disposition. (a) The following are declared to be contraband and no person shall have a property interest in them:
(1) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this chapter: and (2) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this chapter. (b) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connec tion with any interest that is subject to forfeiture. (c) Within 60 days of the date of the seizure of contraband pursuant to this Code sec tion, the district attorney shall initiate a forfeiture proceeding as provided in Code Sec tion 16-13-49. An owner OT interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to for feiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be dis posed of as provided in Code Section 16-13-49 and the proceeds of such disposition shall be paid to the Criminal Justice Coordinating Council for use in funding gang prevention projects.
16 16 6 i His cnoplcr does not apply TO employees cngagcu m concerrect activities Tor uicir mutual aid and protection e* te the activities ef a- ktber organization er its- members er

16.16-7 16-15-6.
Nothing in this chapter shall prevent a local governing body from adopting and enforc ing ordinances relating to gangs and gang violence which are consistent with this chap ter. Where local laws duplicate or supplement the provisions of this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field.
16-15-7.
(a) Any real property which is erected, established, maintained, owned, leased. OT used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by Title 41, relating to nui sances. (b) An action to abate a nuisance pursuant to this Code section may be brought by the district attorney, solicitor-general, prosecuting attorney of a municipal court or city, or county attorney in any superior, state, or municipal court. (c) Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages. Such person shall also recover attorney's fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. (d) The state, any political subdivision thereof, or any person aggrieved by a pattern of gang activity may bring an action to enjoin violations of this chapter in the same man ner as provided in Code Section 16-14-6.
16-15-8.
A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceedin
SECTION 9. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding at the end of subsection (f) of Code Section 17-6-1, relating to where offenses are bailable, a new paragraph (4) to read as follows:
"(4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3, the court shall require

520

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increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and that the defendant shall not have contact of any kind or character with the victim or any member of the victim's family or house hold."
SECTION 10. Said Title 17 is further amended by adding at the end of Chapter 17, known as the "Crime Victims' Bill of Rights," a new Code Section 17-17-16 to read as follows:
"17-17-16.
(a) As used in this Code section, the term: (1) 'Course of conduct' spans a series of acts over a period of time, however short, indicating a continuity of purpose. (2) 'Harassment' means a course of conduct directed at a specific person that causes substantial emotional distress in such person. (b)(l) A superior court, upon application of a prosecuting attorney, shall issue a tem porary restraining order prohibiting harassment of a victim or witness in a criminal case if the court finds from specific facts shown by affidavit or by verified complaint that there are reasonable grounds to believe that harassment of an identified victim or witness in a criminal case exists or that such order is necessary to prevent and restrain an offense under Code Section 16-10-32 or 16-10-93. (2) (A) A temporary restraining order may be issued under this Code section without written or oral notice to the adverse party or such party's attorney in a civil action under this Code section if the court finds, upon written certification of facts by the prosecuting attorney, that such notice should not be required and that there is a reasonable probability that the state will prevail on the merits. (B) A temporary restraining order issued without notice under this Code section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order. (C) A temporary restraining order issued under this Code section shall expire at such time, not to exceed ten days from issuance, as the court directs. The court, for good cause shown before expiration of such order, may extend the expiration date of the order for up to ten days or for such longer period agreed to by the adverse party. (D) When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character; and at the hearing, if the prosecuting attorney does not proceed with the application for a pro tective order, the court shall dissolve the temporary restraining order. (E) If on two days' notice to the prosecuting attorney or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. (F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail and not by refer ence to the complaint or other document the act or acts being restrained. (c)(l) A superior court, upon motion of the prosecuting attorney, shall issue a protec tive order prohibiting harassment of a victim or witness in a criminal case if the court, after a hearing, finds by a preponderance of the evidence that harassment of an iden tified victim or witness in a criminal case exists or that such order is necessary to pre vent and restrain an offense under Code Section 16-10-32 or 16-10-93. (2) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses. (3) A protective order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail and not by reference to the com plaint or other document the act or acts being restrained.

TUESDAY, FEBRUARY 10, 1998

521

(4) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such order's issuance. The prosecuting attorney may, at any time within 90 days before the expiration of such order, apply for a new protective order under this Code section. (d) Article 5 of Chapter 11 of Title 9, relating to depositions and discovery, shall not apply to actions brought pursuant to this Code section."
SECTION 11. Chapter 8 of Title 20 of the Official Code of Georgia Annotated, relating to campus police men, is amended by adding after Code Section 20-8-5 a new Code Section 20-8-6 as fol lows:
"20-8-6. Each educational facility which employs campus policemen, including institutions of the University System of Georgia, shall report to the Georgia Bureau of Investigation and to the local law enforcement agency incidents of criminal gang activity as defined by Code Section 16-15-3 which occur on or adjacent to the campus of such educational facility."
SECTION 12. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding between paragraphs (2) and (3) of subsection (a) of Code Section 35-3-4, relating to the powers and duties of the Georgia Bureau of Investiga tion, a new paragraph (2.1) to read as follows:
"(2.1) Develop and manage a state-wide data base to facilitate the exchange of infor mation on organized criminal activity, including but not limited to criminal street gangs as defined by Code Section 16-15-3."
SECTION 13. Said Title 35 is further amended by striking paragraph (20) of Code Section 35-8-7, relat ing to the powers and duties of the Georgia Peace Officer Standards and Training Council, and inserting in lieu thereof a new paragraph (20) to read as follows:
"(20) Reserved To establish as part of the curriculum for basic and in-service training courses for all peace officers training on organized criminal activity and criminal street gangs;".
SECTION 14. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at the end of Article 1 of Chapter 4, relating to general provisions applicable to jails, a new Code Section 42-4-14 to read as follows:
"42-4-14.
Each jailer and regional jail authority established pursuant to Article 5 of this chapter shall establish procedures which will provide for the separation of inmates who are iden tified as members or associates of a criminal street gang as defined by Code Section 16-15-3 or have been charged or convicted of a violation of Code Section 16-15-5 from other inmates who have been identified as members or associates of the same criminal street gang."
SECTION 15. Said Title 42 is further amended by adding at the end of Article 1 of Chapter 5, relating to general provisions applicable to correctional institutions of the state and counties, a new Code Section 42-5-22 to read as follows:
"42-5-22.
The department shall establish procedures which will provide for the separation of per sons sentenced to the custody of the state who are identified as members or associates of a criminal street gang as defined by Code Section 16-15-3 or have been convicted of

522

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a violation of Code Section 16-15-5 from other inmates who have been identified as members or associates of the same criminal street gang."
SECTION 16. Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to the commit ment of delinquent or unruly children to the Department of Juvenile Justice, is amended by adding at the end thereof a new subsection (p) to read as follows:
"(p) The department shall establish procedures which will provide for the separation of delinquent children committed to the custody of the department who are identified as members or associates of a criminal street gang as defined by Code Section 16-15-3 or have been convicted of a violation of Code Section 16-15-5 from other delinquent or unruly children who have been identified as members or associates of the same criminal street gang."
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Mills of the 21st and Franklin of the 39th move to amend the Committee substitute to HB 1391 as follows: On page 8, line 31, strike "or psychological" and on page 3, line 24 & 28, strike "psycho logical" and on page 5, line 28, strike "or psychological" and on page 8, line 31 "or psycho logical"
The following amendment was read:

Representatives Irvin of the 45th, Coan of the 82nd, Jackson of the 112th, Mills of the 21st and Skipper of the 137th move to amend the Committee substitute to HB 1391 as follows:
Strike language beginning with "regardless" on line 28, page 8, through "disability" on line 30, page 8.

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

N Alien NAndereon YAshe Y Bailey Y Bannister NBarfoot Y Barnard
Barnes Bates YBenefield YBirdsong Y Bohannon N Bordeaux Y Bradford Breedlove Y Bridges N Brooks Y Brown YBuck Buckner YBunn YBurkhalter E Byrd Y Campbell Y Canty YCash

Y Channel! Y Guilders Y Clark Y Coan Y Coleman, B Y Coleman, T
Cornell
Y Cooper YCrawford Y Crews Y Culbreth Y Cummings N DaTM, G Y DaTM, M Y Day Y DeLoach, B
DeLoach, G Y Dii YDiion Y Dobbs N Dukes Y Ehrhart N Epps Y Evans Y Everett YFelton

Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree
Y Manner Y Harbin N Heard
Hecht N Heckstall N Hegstrom Y Henson Y Holland N Holmes Y Houston
Howard Y Hudgens Y Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson N James YJamieson

Y Jenkins Y Johnson Y Johnston N Jones Y Joyce Y Kaye Y Ladd
Y Lakly Y Lane Y Lee Y Lewis
Lord N Lucas
Maddoi Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee
McCall N McClinton
McKinney Y Mills N Mobley Y Mosley

Mueller N O'Neal N Orrock
Parham Y Parrish Y Parsons N Pelote
Y Perry Y Pinholster Y Poag N Polak Y Ponder Y Porter Y PoweU Y Purcell N Ragas N Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders

TUESDAY, FEBRUARY 10, 1998

523

YSauder YScarlett YScheid Y Scott
Shanahan Shaw Sherrill YShipp Sims NSinkfield

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

Y Snow Stalling!
N Stand], F Y Stancil, S N Stanley, L N Stanley, P Y Stephens
Taylor Teague N Teper

N Thomas Y Tillman Y Titus Y Tolbert Y Trense N Turnquwt Y Twiggs
Walker, L Y Walker, R.L N Watson

On the adoption of the amendment, the ayes were 119, nays 35. The amendment was adopted.

Y 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:

Representatives Crews of the 78th and Randall of the 127th move to amend the Commit tee substitute to HB 1391 by striking in their entirety lines 1 through 16 on page 2 and inserting in lieu thereof the following:
"gang activity; to require that certain subjects be included in basic and in-service train ing of peace officers; to provide for certain findings by the General Assembly relating to the incarceration of members of criminal street gangs; to request and encourage cer tain state and local officials to develop policies and procedures relating to the incarcera tion of or custody of members of criminal street gangs; to provide for other matters relative to the"
By striking in its entirety Section 12 on lines 17 through 27 on page 18.
By striking from line 28 of page 18 the following:
"SECTION 13.",
and inserting in lieu thereof the following:
"SECTION 12."
By striking in their entirety Sections 14, 15, and 16 on lines 38-40 on page 18, lines 1-40 on page 19, and lines 1 and 2 on page 20 and inserting in lieu thereof the following:
"SECTION 13. The General Assembly recognizes that criminal street gangs have succeeded at times in maintaining their structure, organization, and discipline in penal institutions and have con tinued to conduct criminal activities while incarcerated. Therefore, the General Assembly requests and encourages state and local officials with responsibility for the operation of adult and juvenile penal institutions and related facilities to develop policies and proce dures which will identify members of criminal street gangs and, where necessary, to sepa rate members and associates of the same criminal street gang in order that such gang members cannot maintain the gang's structure, organization, and discipline and will have a more difficult time in conducting criminal activities while incarcerated in this state."
By renumbering Section 17 on page 20 as Section 14.

The Committee substitute, as amended, was adopted.

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

524

JOURNAL OF THE HOUSE,

Y Alien YAndereon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong Y Boh&nnon Y Bordeaux Y Bradford
Breedlove Bridges N Brooks Y Brown YBuck YBuckner Y Bunn YBurkhalter EByrd Y Campbell Y Canty YCash Y Cbannell Y Childers Y Clark YCoan YColeman, B YColeman, T Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings Y Davis, G Y Davis, M YDay YDeLoach, B
DeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall YHegstrom YHenson Y Holland YHohnes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoz YMann 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 YPelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell 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
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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker 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 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker 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:

HR 812. By Representatives Barnard of the 154th, Lee of the 94th, Murphy of the 18th, Buck of the 135th, Coleman of the 142nd and others:
A resolution designating the Dewey D. Rush Highway.

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

Y Alien Y Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield

YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner

Bunn Y Burkhalter EByrd Y Campbell Y Canty 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

YDay Y DeLoach, B
DeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans

TUESDAY, FEBRUARY 10, 1998

525

YEverett YFelton
YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson

Y James Y Jamieson YJenkins 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 Milk

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 Y Stallings
Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest 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 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1502.

By Representatives DeLoach of the 172nd and Tillman of the 173rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain House districts.

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 Bannister YBarfoot
Barnard YBarnes Y Bates
Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove N Bridges
Brooks Y Brown YBuck Y Buckner
Y Burkhalter EByrd Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark

NCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford
Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix YDuon YDobbs Y Dukes
YEhrhart YEpps
Evans Y Everett Y Felton YFloyd N Franklin
Y Golden Y Graves Y Greene
Grindley

Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstaU Y Hegstrom
Y Henson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens
Y Hudson, H N Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins
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 Y McBee YMcCall Y McClinton Y McKinney N 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

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
N 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

526

JOURNAL OF THE HOUSE,

Y Smith,? Y Smith, T N Smith, V
YSmyre Y Smelling YSnow Y Stallings

Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague

YTeper Y Thomas YTillman N Titus YTolbert YTrense Y Turnquest

YTwiggs Y Walker, L N Walker, R.L Y Watson YWest Y Westmorland YWhitaker

Y Wiles Y Williams, B N Williams, J Y Williams, R YWorthan N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 150, nays 16. The Bill, having received the requisite constitutional majority, was passed.

Representatives Connell of the 115th and Barnard of the 154th 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 DeLoach of the 119th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 1502 was ordered immediately transmitted to the Senate.

HB 1434.

By Representatives Franklin of the 39th, Joyce of the 1st, Coan of the 82nd, Massey of the 86th, Ladd of the 59th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate "Bill of Rights Day".

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 Bannister
YBarfoot
Barnard
YBarnes
Y Bates
Y Benefield
YBirdsong
Y Bohannon Y Bordeaux
Y Bradford Breedlove
Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter EByrd Y Campbell
Canty 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 YDay Y DeLoach, B
DeLoach, G YDiz YDuton YDobbs
Y Dukes YEhrhart YEpps
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 YHenson

Y Holland Y Holmes
Y Houston Y Howard YHudgens 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 Y Massey YMcBee YMcCall

McClinton McKmney Y Mills
Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham
Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves
Reichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders
Sauder
Y Scarlett

Y Scheid Y Scott
Shflnahfln YShaw YSherriU
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 Y Smyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Thomas Y Tillman Y Titus Y Tolbert YTrense

TUESDAY, FEBRUARY 10, 1998

527

YTurnquest YTwiggs Y Walker, L

Y Walker, E.L Y Watson 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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1306.

By Representative Polak of the 67th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that a defendant charged with theft by receiving stolen property or possession of a firearm by a convicted felon or first offender probationer may be tried upon an accusa tion in certain circumstances.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 17-7-70.1 of the Official Code of Georgia Annotated, relating to trial upon accusations in certain felony and misdemeanor cases, so as to provide that cer tain theft offenses may be tried on accusations; to provide that all crimes involving forgery and fraudulent practices may be tried on accusations; to provide that certain offenses relating to escape or confinement may be tried on accusations; to provide conditions under which offenses covered under this Act may be tried by accusation; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-7-70.1 of the Official Code of Georgia Annotated, relating to trial upon accusations in certain felony and misdemeanor cases, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a){l} In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16. relating to theft; (C) Chapter 9 of Title 16. relating to forgery and fraudulent practices: or (D) Article 3~of Chapter 10 of Title 16, relating to escape and other offenses related to confinement,
in which defendants have either been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or have expressly or by. operation of law waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury. (2) All laws relating to rights and responsibilities attendant to indicted cases shall be applicable to cases brought by accusations signed by the district attorney. (3) The accusation need not be supported by an affidavit except in those cases in which the defendant has not been previously arrested in conjunction with the transac tion charged in the accusation."
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.

528

JOURNAL OF THE HOUSE,

The following substitute, offered by Representatives Polak of the 67th, Massey of the 86th, Randall of the 127th and Jenkins of the 110th, was read and adopted:

A BILL
To amend Code Section 17-7-70.1 of the Official Code of Georgia Annotated, relating to trial upon accusations in certain felony and misdemeanor cases, so as to provide that cer tain theft offenses may be tried on accusations; to provide that all crimes involving forgery and fraudulent practices may be tried on accusations; to provide that certain offenses relating to escape or confinement may be tried on accusations; to provide that offenses relating to possession of firearms by convicted felons and first offender probationers may be tried on accusations; to provide conditions under which offenses covered under this Act may be tried by accusation; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-7-70.1 of the Official Code of Georgia Annotated, relating to trial upon accusations in certain felony and misdemeanor cases, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a){ll In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16. relating to theft; (C) Chapter 9 of Title 16, relating to forgery and fraudulent practices; (D) Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to confinement; or (E) Code Section 16-11-131. relating to possession of a firearm by a convicted felon or first offender probationer.
in which defendants have either been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or have expressly or by operation of law waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury. (2) All laws relating to rights and responsibilities attendant to indicted cases shall be applicable to cases brought by accusations signed by the district attorney. (3) The accusation need not be supported by an affidavit except in those cases in which the defendant has not been previously arrested in conjunction with the transac tion charged in the accusation."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Anderson
YAshe Y Bailey

Y Bannister Y Barfoot
Barnard Y Barnes

Y Bates Y Benefield Y Birdsong Y Bohannon

Y Bordeaui Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown Y Buck Y Buckner

TUESDAY, FEBRUARY 10, 1998

529

YBunn Y Buikhalter EByrd Y CampbeU
Canty YCash Y Channell YChilders Y Clark YCoan Y Coleman, B
Coleman T YConnell Y Cooper
Y Crawford Y Crews YCulbreth
Y Cununincs Y Davis, G Y Davis, M
Day Y DeLoach, B YDeLoach, G YDix YDixon YDobbe
Y Dukes YEhrhart YEpps Y Evans YEverett Y 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
Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkine 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 YMcBee YMcCall Y McClinton
McKinney
Y Mills Y Mobley Y 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 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 SneUing YSnow YStalUngs Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague Y Teper Y Thomas YTUlman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland 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 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1295.

By Representative Jamieson of the 22nd:
A bill to amend Code Section 2-6-32 of the Official Code of Georgia Anno tated, relating to duties of soil and water conservation district supervisors, so as to change certain provisions regarding surety bonds; to provide for a sum mary of certain financial data.

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
Ashe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter

EByrd Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark YCoan
Y Coleman, B Coleman, T
Y Connell
Y Cooper Y Crawford Y Crews
Y Culbreth Y Cununings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDii

YDixon Dobbs
Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree
Banner Y Harbin
Y Heard YHecht Y Heckfltall Y Hegstrom YHenson

Y Holland Y Holmes
Y Houston 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
Lakly 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
McKinney Y Mills Y Mobley
Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons

530

JOURNAL OF THE HOUSE,

YPelote Y Perry YPinholster
YPoag YPolak Y Pander Y Porter YPowell YPurcell
YRages Randall
YRay Y Reaves YReichert

YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill
YShipp

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 Y Smyre Y Smiling YSnow YStallings

Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest

YTwiggs Y Walker, L Y Walker, RL Y Watson YWest Y Westmoreland YWhitaker 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 passed.

HB 1301.

By Representative Jamieson of the 22nd:
A bill to amend Code Section 2-6-33 of the Official Code of Georgia Anno tated, relating to powers of soil and water conservation districts and supervi sors, so as to change certain provisions regarding certain soil conservation, erosion control, or erosion prevention projects.

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

Y Alien YAnderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Bnedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter EByrd Y Campbell Y Canty YCash Y Channel! YChilders Y Clark YCoan YColeman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings Y Davis, G Y Davis, M YDay YDoLoach, B Y DeLoach, G YDiz YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton
Floyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree
Hanner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston 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 YLakly YLane YLee Y Lewis YLord
Lucas Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell Y Rages
Randali 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
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 YSneUing YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

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

TUESDAY, FEBRUARY 10, 1998

531

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 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 commu nications 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.

The following Committee substitute was read:

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 certifi cation of public safety communications officers, so as to require such training for newly certified communications officers; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions of law applicable to counties and municipali ties, so as to require that dispatch centers have trained communications officers on staff; to provide certain exceptions; to amend Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the imposition of fees for emergency "911" systems, so as to provide that after a certain date such fees may be imposed only for the support of dis patch centers in compliance with the foregoing requirements; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 35-8-23 of the Official Code of Georgia Annotated, relating to training and certification of public safety communications officers, is amended by adding at its end a new subsection (d) to read as follows:
"(d) On and after July 1, 1997, the basic training course for communications officers shall include training in the use of telecommunications devices for the deaf (TDD's), and no person shall on or after that date be certified by the council under this Code section unless such person has satisfactorily completed such training."
SECTION 2. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions of law applicable to counties and municipalities, is amended by adding at its end a new Code Section 36-60-19 to read as follows:
"36-60-19.
(a) On and after January 1, 1998, every dispatch center operated by any county or municipality to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management person nel shall comply with the requirements of this Code section. Each such dispatch center shall have on duty at all times at least one communications officer who is certified as having been trained in the use of telecommunications devices for the deaf (TDD's), as provided for in subsection (d) of Code Section 35-8-23. However, a dispatch center which is staffed by six or fewer communications officers shall be considered in compli ance with this Code section; provided, however, that on and after January 1, 1997, no dispatch center shall be permitted to employ any additional or replacement communica tions officers who are not certified as having been trained in the use of telecommunica tions devices for the deaf (TDD's) as provided for in subsection (d) of Code Section 35-8-23.

532

JOURNAL OF THE HOUSE,

(b) On and after January 1, 1998, no monthly '911' charge provided for in Code Section 46-5-133 may be imposed for the support of any dispatch center unless such dispatch center is in compliance with the requirements of this Code section."
SECTION 3. Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the imposi tion of fees for emergency "911" systems, is amended by adding at its end a new subsec tion (c) to read as follows:
"(c) On and after January 1, 1998, no monthly '911' charge provided for in this Code section may be imposed or continue to be imposed unless each dispatch center funded in whole or in part from such charges is in compliance with Code Section 36-60-19, relat ing to required TDD training for communications officers."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representative Bridges of the 9th moves to amend the Committee substitute to HB 812 as follows: By deleting the word six on page 2 line 15 and inserting the word ten.

The Committee substitute, as amended, was adopted.

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

Y Alien YAndenoD YAshe Y Bailey Y Bannister YBarfoot Y Barnard
YBarnM Y Bates Y Benefield
YBirdsong Y Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter
EByrd Y Campbell
Canty YCash YChannell YChilden Y Clark YCoan Y Coleman, B
Coleman, T Y Cornell
Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings
Y Davis, G YDavis, M YDay Y DeLoach, B Y DeLoach, G YDbt YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree
Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom Y Mensem Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins 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
Massey YMcBee YMcCall Y McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott YShanahan YShaw YSherrill
YShipp YSims
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 YSnelUng YSnow
YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrerue YTuraquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

TUESDAY, FEBRUARY 10, 1998

533

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1393.

By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th, Johnson of the 84th, Lane of the 146th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, mov ing water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.

The following amendment was read and adopted:

Representatives Channell of the lllth and Lane of the 146th move to amend HB 1393 by striking in its entirety line 5 of page 5 and inserting in lieu thereof the following:
"more, and the vessel being operated was a motorized vessel having ten or more horse power or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege".
By striking in its entirety line 26 on page 5 and inserting in lieu thereof the following:
"of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the depart ment shall".

The following amendment was read:

Representative Ehrhart of the 36th moves to amend HB 1393 as follows:
On page 4 line 17
This notice shall be deemed sufficient if such notice read by arresting officer is substan tially complied with.

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

N Alien N Andersen YAshe Y Bailey Y Bannister NBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong Y Bohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown YBuck YBuckner YBunn YBurkhalter

E Byid Y Campbell Y Canty Y Cash Y Channell YChilders Y Clark Y Coan Y Coleman, B N Coleman, T Y ConneU Y Cooper N Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dii

Y Diion Y Dobbs
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom
Henson

Y Holland Y Holmes Y Houston N Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Y Irvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston N Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee

Y Lewis N Lord N Lucas N Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall N McClinton
McKinney Y Mills N Mobley Y Mosley Y Mueller Y O'Neal Y Orrock
Parham N Parrish Y Parsons

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JOURNAL OF THE HOUSE,

N Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter
PoweU YPurceU NRagas NRandall YRay Y Reaves Y Reichert

YRice Y Richardson N Roberts N Rogers Y Royal Y Sanders Y Sauder
YScarlett Y Scheid Y Scott N Shanahan
YShaw YSherrill
Shipp

YSims N 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
Smyre YSnelling YSnow YStaUings

Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens
Taylor ETeague NTeper
Thomas YTUlman Y Titus N Tolbert YTrense N Turnquest

On the adoption of the amendment, the ayes were 137, nays 27. The amendment was adopted.

YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

The following amendment was read and adopted:

Representatives Mills of the 21st and Coan of the 82nd move to amend HB 1393 as fol lows:
On page 4, line 20, strike "July" and insert "June" and on line 23, strike "July" and insert "June".

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 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 EByrd Y Campbell
Y Canty YCash Y Channel! YChilders 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 YDeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd YFranklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstaU Y Hegstrom YHenson Y Holland Y Holmes Y Houston 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 YMcBee
McCall Y McClinton Y McKinney YMills Y Mobley Y Mosley Y MueUer Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas 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 YShaw Y Sherrill Y Shipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, as amended, the ayes were 173, nays 0.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStalh'ngs Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

TUESDAY, FEBRUARY 10, 1998

535

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

By unanimous consent, HB 1393 was ordered immediately transmitted to the Senate.

HB 1394.

By Representatives Channel! of the lllth, Rogers of the 20th, Reichert of the 126th, Johnson of the 84th, Lane of the 146th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change cer tain provisions relating to personal watercraft; to provide for uniform restrictions on the speed of operation of vessels near moored or anchored vessels, any vessel adrift, wharfs, docks, swimmers, public use areas, or similar obstructions; to provide for notification to law enforcement officials by medical service providers of treatment of boating accident vic tims under certain circumstances and for release of such information to such officials; to provide for detainment of boats involved in accidents where necessary for evidentiary pur poses; 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 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, is amended by striking in its entirety Code Section 52-7-8.2, relating to restrictions on operation of per sonal watercraft, and inserting in lieu thereof a new Code Section 52-7-8.2 to read as fol lows:
"52-7-8.2.
(a) As used in this Code section, the term: (1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. {i}(2) 'Class A vessel' means a boat less than 16 feet in length. 48H3) 'Personal watercraft' means a Class A vessel which: (A) Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive pro pulsion; (B) Is designed with the concept that the operator and passenger ride on the out side surfaces of the vessel as opposed to riding inside the vessel; and (C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard. Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propul sion is a propeller, and any vessels commonly known as a 'jet ski.' (4) 'Under the direct supervision' means within sight of and within 100 yards of a per son who is not under the influence of alcohol or drugs to a degree which would consti tute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility.

536

JOURNAL OF THE HOUSE,

(b) No person shall operate or give permission to operate personal watercraft on the waters of this state unless each person aboard such personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each such personal flotation device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it. (c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years; provided, however, that personal watercraft aay fee rented, leased,
Of let tO ft p6f8OH ftG TB UlfOUn TO yCflTS n 9UCn pCfSOIl 19 ftCCODflp&H1Cu fiy Qllu UX1QGF
the direet supervision ef an adtilt 18 years ef age er elder: Stiefe person sfeaH fee under direet aupcrvioion if fee er she is within sigfet er hearing distance ef the aehdt. (d) No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise. (e) No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cut off switch. (f) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the opera tor, the operator's clothing, or a personal flotation device worn by the operator. (g) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in any way that would prohibit the self-circling device from operating in its intended manner.
(h) It shall be unlawful for any person who owns a personal watercraft or who has charge over or control of a personal watercraft to authorize or knowingly to permit such personal watercraft to be operated in violation of this Code section or of Code Section 52-7-8.3.
(i) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19.
(j) No person shall operate a personal watercraft on the waters of this state in excess ef five aea per hew at a speed greater than idle speed within 100 feet of any moored or anchored vessel, any vessel adrift, or any sfeere; wharf, dock, pier, piling, bridge struc ture or abutment, e* a person in the water, or shoreline adjacent to a full-time or parttime residence, public park, public beach, public swimming area, marina, restaurant, or other public use area.
(k) It shall be unlawful for any person to operate a personal watercraft on the waters of this state while towing a person or persons on water skis, aquaplanes, surfboards, tubes, or any similar device; provided, however, that the provisions of this subsection shall not apply to any personal watercraft designed by the manufacturer to carry three or more persons, provided that such personal watercraft has on board a competent observer in addition to the operator at any time that a person is being towed.
(1) On and after July 1, 1995, no person under the age of 16 years shall operate a per sonal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years may operate a personal watercraft if he or she is accompanied by an adult age 18 or over or he or she has successfully completed a personal watercraft safety program approved by the department and is under the direct supervision of an adult age 18 or overt if- a* adult 18 years ef age er elder is abeard the vessel and *eh adtrit

Or VQ99G18 ftilCt OtllCF Q.CV1CGS UHQCF ttW? lHIlUCHCC Or fllCOIlOl Of 0TU9) Of IT n& OF1 SAC tfr
URdGF trlfi QirCCt 9 UpC FV19KM1 Or ftH QQU.lt TO ycftf9 Or ftG Of OluGF WHO IS HOt UDQcf TftC
influence ef alcohol er drags as provided m Code Section 62-7-12. Such person snail feeunder direet supervision if- he er she is within sigfet er hearing distance ef the adttfe. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public. (m) On and after July 1, 1995, it shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child or ward of another over whom such person has a permanent or temporary responsibility of

TUESDAY, FEBRUARY 10, 1998

537

supervision if such child or ward is less than 12 years of age to operate a personal watercraft. (n) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is age 12 through 15 years or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is age 12 through 15 years to operate a personal watercraft other than in compliance with the provisions of subsection (1) of this Code section unless 9eh child er ward bets either oucccaafully completed a personal watercraft safety program- approved by the department; is accompanied aboard- the vessel by a adtdt 18 years- ef- age- or eWer wheTO not n vioiuuou \n me provisions oi oouG section Oam i m taf Feinting TO tftc opcrfltion
QUrCd supcrvi8ion ot &n ftoun lo ycors 'Ot ft6 <of older wfto is not und6 tttc influence
aet be required te; conduct er provide personal watcrcraft safety couraca te the ptriblie."
SECTION 2. Said article is further amended by inserting a new Code Section 52-7-8.3 to read as fol lows:
"52-7-8.3.
(a) No person age 16 or over shall operate any vessel or personal watercraft on any of the waters of this state unless such person shall have in such vessel proper identifica tion. (b) No person under the age of 16 shall operate any vessel other than a personal watercraft on any of the waters of this state unless such person is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsec tion (a) of this Code section or has completed a safe boating course approved by the department and is under direct supervision by an adult age 18 or over. (c) No person under the age of 12 shall operate any Class 1, 2, or 3 vessel or any per sonal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechani cal means of propulsion not exceeding 30 horsepower only where such person is accom panied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section. (d) As used in this Code section, the term:
(1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) 'Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages. (3) 'Under the direct supervision' means within sight of and within 100 yards of a per son who is not under the influence of alcohol or drugs to a degree which would consti tute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility. (e) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section."
SECTION 3. Said article is further amended by adding after paragraph (3) of subsection (c) of Code Section 52-7-14, relating to collisions, accidents, and casualties, a new paragraph (4) to read as follows:
"(4) Any hospital, physician, nurse, emergency medical technician, or other provider of emergency or medical care who treats a person for an injury known to such pro vider to be the result of a reportable boating accident shall report to the nearest law enforcement agency the name of the person treated and such other information relat ing to such accident as the provider may possess. Notwithstanding any other provision of law, such provider shall also release all available information on any such person

538

JOURNAL OF THE HOUSE,

injured in any such accident to investigating law enforcement officers of this state or the federal government."
SECTION 4. Said article is further amended by adding at the end of said Code Section 52-7-14 a new subsection (e) to read as follows:
"(e) Official authority. Any officer empowered to enforce this article shall have the authority to stop, board, and detain any vessel involved in a reportable boating accident and to continue the detention of such vessel if necessary for evidentiary purposes for such reasonable period of time as such necessity continues."
SECTION 5. Said article is further amended by adding at the end of Code Section 52-7-17, relating to speed and load restrictions, a new subsection (d) to read as follows:
"(d) No vessel shall be operated at a speed greater than is reasonable and prudent under the conditions, and such vessel's operator shall have regard for the actual and potential hazards then existing."
SECTION 6. Said article is further amended by adding after subsection (e) of Code Section 52-7-18, relating to rules of the road for boat traffic, new subsections (f), (g), and (h) to read as follows:
"(f) No person shall operate any vessel or tow a person or persons on water skis, an aquaplane, a surfboard, or any similar device on the waters of this state at a speed greater than idle speed within 100 feet of any moored or anchored vessel, any vessel adrift, or any wharf, dock, pier, piling, bridge structure or abutment, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area, (g) No vessel shall run around or within 100 feet of another vessel at a speed greater than idle speed unless such vessel is overtaking or meeting such other vessel in compli ance with the rules of the road for vessel traffic. (h) No vessel shall be operated in such a manner as to ride or jump the wake of another vessel within 100 feet of such other vessel unless the vessel is overtaking or meeting such other vessel in compliance with the rules of the road for vessel traffic and, having passed or overtaken such other vessel, the operator of the passing or overtaking vessel shall not change or reverse course for the purpose of riding or jumping the wake of such other vessel within 100 feet of such other vessel."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Channel! of the lllth and Lane of the 146th move to amend the Commit tee substitute to HB 1394 by striking line 15 on page 5 and inserting in lieu thereof the following:
"other than a personal watercraft or a nonmotorized Class A vessel on any of the waters of.

Representative Scott of the 165th moves to amend the Committee substitute to HB 1394 as follows:
By inserting on line 2 of page 3 after the word "sunrise"
"; unless, such person is engaged in the enforcement of the laws of this state or this nation."

TUESDAY, FEBRUARY 10, 1998

539

Representatives Coan of the 82nd and Smith of the 19th move to amend the Committee substitute to HB 1394 as follows: Page 4 Line 5 strike "July" and insert "June".
Representative Joyce of the 1st moves to amend the Committee substitute to HB 1394 as follows: Page 5 line 12 insert between "vessel" and "proper" the words:
"or in close proximity to such vessel".

The following amendment was read:

Representative McCall of the 90th moves to amend the Committee substitute to HB 1394 as follows:
Page 2 - line 21 change 100 yards to 400 yards

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

N Alien
Y Andersen NAshe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes Y Bates
N Benefield YBirdsong NBohannon
N Bordeaux Y Bradford YBreedlove
N Bridges N Brooks Y Brown
YBuck Y Buckner
YBunn Y Burkhalter EByrd N Campbell Y Canty YCash NChannell
YChilders Y Clark YCoan
N Coleman, B Y Coleman, T YConnell Y Cooper N Oawford Y Crews

N Culbreth Y Cununings N Davis, G N Davis, M YDay
YDeLoach, B Y DeLoach, G NDix NDixon
Dobbs
Y Dukes YEUiihart YKpps Y Evans
Y Ererett N Felton YFloyd Y Franklin Y Golden
N Graves YGreene
Y Grindley Y Hammontree Y Manner Y Harbin N Heard YHecht NHeckstall N Hegstrom YHenson Y Holland N Holmes N Houston N Howard Y Hudgens
Hudson, H

Y Hudson, N N Hugley NIrvin
Y Jackson N James Y Jamieson Y Jenkins
N Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly NLane YLee Y Lewis YLord N Lucas
N Maddox YMann Y Manning N Martin, J N Martin, J.L NMassey NMcBee Y McCall N McClinton
McKinney Y Mills N Mobley YMosley N Mueller YO'Neal NOrrock YParham

NParrisb N Parsons N Pelote N Perry Y Pinholster
Poag NPolak N Ponder Y Porter YPoweU YPurcell NRagas
Randall YKay Y Reaves Y Reichert NRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid N Scott Y Shanahan NShaw
Sherrill NShipp
YSims N Sinkfield N Skipper Y Smith, C N Smith, C.W
Y Smith, L

On the adoption of the amendment, the ayes were 96, nays 70. The amendment was adopted.

N Smith, L.R N Smith, P Y Smith, T Y Smith, V NSmyre YSneUing YSnow
S tailings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper N Thomas
Tilhnan Y Titus Y Tolbert YTrense N Tumquest YTwiggs Y Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker N Wiles
N Williams, B Y Williams, J NWOUams, R NWorthan N Yates
Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

540

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Asbe YBaUey N Bannister YBarfoot N Barnard
Barnes Y Bates Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter EByrd Y Campbell Y Canty 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 NDay Y DeLoach, B Y DeLoach, G YDix YDixon 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 Manner Y Harbin
Y Heard YHecht Y Heckstall
Y Hegstrom Y Henson Y Holland Y Holmes Y Houston
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 YOTSIeal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
N Sanders Y Sauder Y Scarlett
Scheid N 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,? N Smith, T N Smith, V YSmyre YSnelling YSnow Y StaUings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTUlman
Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 161, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 292. By Representatives Tolbert of the 25th and Heard of the 89th:
A resolution designating Georgia Highway 334 as the "Lacoda Trail Memo rial Parkway".

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

Y Alien Y Anderson
YAshe Y Bailey Y Bannister YBarfoot Y Barnard
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 EByrd Y Campbell Y Canty YCash YChannell Y Childers

Clark YCoan Y Coleman, B Y Coleman, T
Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cuinniinga
Y Davis, G Y Davis, M YDay Y DeLoach, B

Y DeLoach, G Dix
Y Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves

YGreene Y Grindley Y Hammontree Y Banner Y Harbin
Y Heard YHecht Y Heckstall YHegstrom
Henson Y Holland
Holmes Y Houston Y Howard

TUESDAY, FEBRUARY 10, 1998

541

YHudgena Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston
Jones Y Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Y Maddoz

YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton McKinney Y Mills Y Mobley YMosley Y MueUer YOTOeal Orrock Parham YParrish Y Parsons YPelote Y Perry
Y Pinhokter Poag

YPolak Ponder
Y Porter Y Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett
Scheid Y Scott Y Shanahan YShaw

YSherrill YShipp YSims YSinkfield 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
YSneUing YSnow
S tailings Y Stancil, F
Y Stancil, S Stanley, L
Y Stanley, P Y Stephens Y Taylor

ETeague YTeper Y Thomas
Tilhnan Y Titus YTolbert YTrense
YTumquest YTwiggs Y Walker, L
Walker, R.L Y Watson YWest
Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 1036. By Representatives Lakly of the 105th, Westmoreland of the 104th, Culbreth of the 132nd and Buck of the 135th:
A resolution recognizing and commending Major Bruce Lamar Jordan.

HR 1037. By Representatives Smith of the 169th and Connell of the 115th:
A resolution commending Hallie Ward Edwards on the occasion of her birth day.

HR 1038. By Representative Royal of the 164th:
A resolution honoring Coach George O'Leary and the Georgia Institute of Technology's 1997 football team.

HR 1039. By Representative Ponder of the 160th:
A resolution recognizing and honoring Joseph McCageor Beall, Sr., on the occasion of his eighty-eighth birthday.

HR 1040. By Representative Barnes of the 33rd: A resolution commending Bishop Nealon Guthrie.

HR 1041. By Representative Greene of the 158th: A resolution recognizing and commending Honorable Wesley L. Shorter.

HR 1042. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution commending Mr. Elwyn Rodgers.

642

JOURNAL OF THE HOUSE,

HR 1043.

By Representatives Teague of the 58th, Maddox of the 72nd, Ragas of the 64th, Brooks of the 54th and McKinney of the 51st:
A resolution commending Bill Edwards for his work as the chairperson of the Wraparound Collaborative.

HR 1044. By Representative Walker of the 87th: A resolution recognizing and commending Van Britt.

HR 1045. By Representatives Walker of the 87th and Rice of the 79th: A resolution commending Timothy S. Rausch.

HR 1046. By Representatives Buckner of the 95th, Ashe of the 46th, Stanley of the 50th, Orrock of the 56th, Stanley of the 49th and others:
A resolution commending the Hughes Spalding Children's Hospital.

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

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1516 Do Pass HR 873 Do Pass

HR 930 Do Pass HR 996 Do Pass

Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1183 Do Pass HB 1220 Do Pass, as Amended HB 1273 Do Pass, by Substitute
Respectfully submitted, M Porter of the 143rd
Chairman

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

Mr. Speaker:

TUESDAY, FEBRUARY 10, 1998

543

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 1202 Do Pass, by Substitute HB 1511 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1275 Do Pass, by Substitute HB 1448 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 follow ing recommendations:
HB 1538 Do Pass HB 1578 Do Pass
Respectfully submitted, M Parham of the 122nd
Chairman

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

Mr. Speaker:

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

HR 938 Do Pass, by Substitute HR 1004 Do Pass, as Amended HR 1023 Do Pass

HR 1028 Do Pass HR 1030 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

544

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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1233 Do Pass, as Amended HB 1360 Do Pass, as Amended HR 4 Do Pass
Respectfully submitted, /s/ Randall of the 127th
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 follow ing recommendations:

HB 1467 Do Pass HB 1474 Do Pass HB 1513 Do Pass HB 1520 Do Pass

HB 1521 Do Pass HB 1522 Do Pass HB 1535 Do Pass, by Substitute

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.

WEDNESDAY, FEBRUARY 11, 1998

545

Representative Hall, Atlanta, Georgia Wednesday, February 11, 1998

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 Andenon Bailey Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bohannon Bradford Bridges Brooks Brown Buck Bunn Burkhalter
Byrd Campbell V?1*? J?TM1 ,, unanneii
rurk CoUn Coleman B Colenumi T Connell

Cooper Crews Culbreth Cummings DaTM, M DeLoach, B Dizon Dukes Epps Everett Felton Floyd Franklin Golden Greene Grindley Hammontree Harbin
Heard Hecht Heckstall Holland Houston
Howard Hudgens Hudson, H Hudson, N Hugley

Irvin Jackson James Jamieson Johnson Johnston Joyce Kaye Lakly Lane Lee Lewis Lord Mann Manning Martin, J Martin, J.L Massey
McBee McCall Mills Mobley Mosley
Mueller O'Neal Parham Parrish Parsons

Pelote Pinholster Poag Porter Randall Ray Reaves Reichert Rice Richardson Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan
Shaw Shipp Sims Sinkfield Skipper
Smith, C Smith, L Smith, L.R Smith, P Smith, T

Smith, V Smyre Snelling Stallings Stancil, F Stancil, S Stephens Taylor Teague Teper Thomas Tillman Titus Tolbert Turnquest Twiggs Walker, R.L Watson
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 Smith of the 19th, Ladd of the 59th, Graves of the 125th, Sherrill of the 62nd, DeLoach of the 119th, Crawford of the 129th, Maddox of the 72nd, Trense of the 44th, Hanner of the 159th, Ponder of the 160th, Buckner of the 95th, Orrock of the 56th, Powell of the 23rd, Jenkins of the 110th, McClinton of the 68th, Day of the 153rd, McKinney of the 51st, Roberts of the 162nd, Henson of the 65th, Bordeaux of the 151st, Evans of the 28th, Dobbs of the 92nd, Davis of the 48th, Hegstrom of the 66th, Dix of the 76th, Purcell of the 147th and Snow of the 2nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Benjamin Ridley, African Methodist Episcopal 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.

546

JOURNAL OF THE HOUSE,

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

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

HB 1618. By Representative Barnard of the 154th:
A bill to amend an Act providing a new charter for the City of Hagan, so as to provide for staggered terms of office for the mayor and city council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1619. By Representative Sims of the 167th:
A bill to amend an Act creating a new charter for the City of Douglas, so as to provide for four-year terms of office for the mayor and city commis sioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1620. By Representative Lord of the 121st:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to requirements for issuance of motor vehicle liability insur ance policies, so as to provide for certain policy issuance, renewal, continuation, or replacement reporting requirements; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses.
Referred to the Committee on Insurance.

HB 1621. 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 impositions, 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 1622. By Representatives Holland of the 157th, Smith of the 109th and Teper of the 61st:
A bill to amend Part 5 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to default in a secured transaction, so as to provide that collateral may be repossessed under certain conditions.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 11, 1998

547

HB 1623. By Representatives Hecht of the 97th, Hanner of the 159th, Shaw of the 176th, Rogers of the 20th and Tolbert of the 25th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to provide for electronic filing of corporate documents with the Secretary of State under procedures to be established by rules and regulations.
Referred to the Committee on Judiciary.

HB 1624. By Representatives Mills of the 21st, Smith of the 19th, Tolbert of the 25th and Rogers of the 20th:
A bill to provide a homestead exemption from Hall 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 $12,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1625. By Representative Sherrill of the 62nd:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file certain returns or pay certain revenue, so as to require notification of the state revenue commis sioner in the event a taxpayer fails to disclose certain identification informa tion.
Referred to the Committee on Ways & Means.

HB 1626. By Representatives Shaw of the 176th, Williams of the 114th, Harbin of the 113th, Shipp of the 38th, Rogers of the 20th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to obtain a single certificate of author ity for a multiagent agency in lieu of obtaining a certificate for each individ ual agent; to prescribe the fees for such agency certificates.
Referred to the Committee on Insurance.

HB 1628. By Representatives Smith of the 103rd, Turnquest of the 73rd, Brown of the 130th, Epps of the 131st, Bohannon of the 139th 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 provide for the design and implementation of a pilot exercise program for selected recipients of medical assistance who are nursing home residents.
Referred to the Committee on Human Relations & Aging.

HB 1629. By Representatives Orrock of the 56th, McKinney of the 51st, Ashe of the 46th, Brooks of the 54th, Sinkfield of the 57th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the criteria for designation of enterprise zones and adding land to such zones; to change the provisions relating to the amount and duration of tax exemp tions and property eligible for such exemptions.
Referred to the Committee on State Planning & Community Affairs - Local.

548

JOURNAL OF THE HOUSE,

HB 1630. By Representatives Orrock of the 56th, Ashe of the 46th, Irvin of the 45th, Davis of the 48th, Holmes of the 53rd and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change provisions relating to the duration of zones created for mixed use residential and commercial purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1631. By Representatives Murphy of the 18th, Buck of the 135th, Davis of the 48th, Walker of the 141st, McBee of the 88th 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 1632. By Representative Floyd of the 138th:
A bill to provide a homestead exemption from certain Crisp County ad valo rem 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.

HR 1034. By Representative Shaw of the 176th: A resolution designating the William Jackson "Moogie" Lee Highway.
Referred to the Committee on Transportation.

HR 1035. By Representatives Jamieson of the 22nd, Williams of the 114th, Parrish of the 144th, Smith of the 19th, Smith of the 109th and others:
A resolution proposing an amendment to the Constitution so as to provide for special veto consideration sessions of the General Assembly.
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 1597 HB 1598 HB 1599 HB 1600 HB 1601 HB 1602
HHBB 11660043
HB 1605 HB 1606 HB 1607
HB 1608
HB 1609
HB 1610
HB 1611

HB 1612 HB 1613 HB 1614 HB 1615 HB 1616 HB 1617
HSRR
TM HK HR 1032
SB 447
SB 473
SB 525
SB 537

WEDNESDAY, FEBRUARY 11, 1998

549

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 rec ommendations:

HB 155 Do Pass, by Substitute HB 1144 Do Pass, by Substitute HB 1240 Do Pass, by Substitute

HB 1499 Do Pass, by Substitute HB 1549 Do Pass, by Substitute HB 1585 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 - 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 1595 Do Pass SB 564 Do Pass, as Amended
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 1470 Do Pass
HB 1486 Do Pass, by Substitute HR 954 Do Pass HR 955 Do Pass

HR 994 Do Pass
HR 1032 Do Pass SB 444 Do Pass, by Substitute SR 490 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 11, 1998
Mr. Speaker and Members of the House:

550

JOURNAL OF THE HOUSE,

The Committee on Rules has fixed the calendar for this 18th Legislative Day as enu merated below:
HB 1226 Wills, trusts, and estates; amend to add certain short titles HB 1227 Retirement and Pensions Code; corrections HB 1228 Code of Georgia; corrections HB 1229 Elections Code; corrections HB 1288 Minors; deprivation cases; appointment of guardian ad litem HB 1390 Criminal bond sureties; increase compensation amount HB 1392 Shoplifting; increase threshold amount
HR 825 Franklin County; convey property HR 856 Federal Crop Insurance Program; urge federal government revise laws HR 998 Comm on the 250th Anniv of a Rep Assembly in Ga; create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

Due to a family emergency Representative Bohannon of the 139th was excused on all votes.

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

HB 1595.

By Representatives Buck of the 135th, Culbreth of the 132nd, Smith of the 102nd, 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.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 564. By Senator Brush of the 24th:
A bill to provide a new charter for the City of Grovetown; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs - Local moves to amend SB 564 by striking line 30 on page 34 and inserting in lieu thereof the following:
"SECTION 7.15."

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

WEDNESDAY, FEBRUARY 11, 1998

551

On the passage of the Bill, as amended, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

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

SB 583. By Senators Ray of the 48th, Price of the 56th, Burton of the 5th and Tysinger of the 41st:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to provide for the compensation of the chairper son and members of the board.

SB 584. By Senators Land of the 16th, Harbison of the 15th and Hooks of the 14th:
A bill to provide supplements to the salaries of the judges of the superior courts of the Chattahoochee Judicial Circuit from certain counties within the circuit; to provide the amount and method of payment of such supplements; to provide the amount of such supplements which certain counties within the circuit shall pay; to provide that such supplements shall be expenses of the superior courts; to provide an effective date.

HB 1498.

By Representatives Hudgens of the 24th, Heard of the 89th and McBee of the 88th:
A bill providing for the compensation for the coroner of Clarke County, so as to change the provisions relating to the coroner's salary.

HB 1503. By Representative DeLoach of the 172nd:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Riceboro," so as to change the corporate limits.

SB 446. By Senators Johnson of the 1st, Johnson of the 2nd, Hooks of the 14th, Oliver of the 42nd and Hill of the 4th:
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 regarding historic areas, so as to provide for preservation of state owned historic properties; to provide for definitions; to encourage the location of state facilities in historic districts and the utilization of historic properties; to provide for legislative intent.

SB 508. By Senators Ray of the 48th, Land of the 16th, Oliver of the 42nd and oth ers:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide a process to void of record such liens which have not been perfected as required by statute; to provide for related matters; to provide an effective date and applicability.

552

JOURNAL OF THE HOUSE,

SB 513. By Senators Walker of the 22nd, Harbison of the 15th, Dean of the 31st and Marable of the 52nd:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to provide for the "Personal Financial Security Act"; to define the criminal offense of financial identity fraud; to provide for penalties; to authorize the Attorney General to prosecute cases of financial identity fraud.

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 retire ment system.

HB 943. By Representative Cummings of the 27th:
A bill to amend Chapter 21 of Title 47 of the Official Code of Georgia Anno tated, 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.

HB 1180. By Representatives Dixon of the 168th, Epps of the 131st and Reichert of the 126th:
A bill to amend Code Section 3-1-2 of the Official Code of Georgia Anno tated, relating to definitions relative to alcoholic beverages, so as to add a new definition.

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

SR 529. By Senators Starr of the 44th, Thomas of the 10th, Taylor of the 12th and Perdue of the 18th:
A resolution proposing an amendment to the Constitution so as to specify the educational purposes and programs for which lottery proceeds may be appropriated and expended; to provide for submission of this amendment for ratification or rejection.

SR 559. By Senator Thompson of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for a roadside enhancement and beautification fund, for allocation and dedication of certain revenue to such fund, and that moneys paid into the fund shall not lapse; to provide that an Act creating the fund and making such provisions may originate in the Senate or the House of Representatives.

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

WEDNESDAY, FEBRUARY 11, 1998

553

SB 446. By Senators Johnson of the 1st, Johnson of the 2nd and Hooks of the 14th:
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 regarding historic areas, so as to provide for preservation of state owned historic properties; to provide for definitions; to encourage the location of state facilities in historic districts and the utilization of historic properties; to provide for legislative intent.
Referred to the Committee on State Planning & Community Affairs.

SB 508. By Senators Ray of the 48th, Land of the 16th, Oliver of the 42nd and oth ers:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide a process to void of record such liens which have not been perfected as required by statute; to provide for related matters; to provide an effective date and applicability.
Referred to the Committee on Judiciary.
SB 513. By Senators Walker of the 22nd, Harbison of the 15th, Dean of the 31st and others:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to provide for the "Personal Financial Security Act"; to define the criminal offense of financial identity fraud; to provide for penalties; to authorize the Attorney General to prosecute cases of financial identity fraud.
Referred to the Committee on Banks & Banking.

SB 583. By Senators Ray of the 48th, Price of the 56th, Burton of the 5th and oth ers:
A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to provide for the compensation of the chairper son and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 584. By Senators Land of the 16th, Harbison of the 15th and Hooks of the 14th:
A bill to provide supplements to the salaries of the judges of the superior courts of the Chattahoochee Judicial Circuit from certain counties within the circuit; to provide the amount and method of payment of such supplements; to provide the amount of such supplements which certain counties within the circuit shall pay; to provide that such supplements shall be expenses of the superior courts; to provide an effective date.
Referred to the Committee on Judiciary.

SR 529. By Senators Starr of the 44th, Thomas of the 10th, Taylor of the 12th and others:
A resolution proposing an amendment to the Constitution so as to specify the educational purposes and programs for which lottery proceeds may be appropriated and expended; to provide for submission of this amendment for ratification or rejection.
Referred to the Committee on State Planning & Community Affairs.

554

JOURNAL OF THE HOUSE,

SR 559. By Senator Thompson of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for a roadside enhancement and beautification fund, for allocation and dedication of certain revenue to such fund, and that moneys paid into the fund shall not lapse; to provide that an Act creating the fund and making such provisions may originate in the Senate or the House of Representatives.
Referred to the Committee on Appropriations.

The following communications were received:

House of Representatives Atlanta
February 10, 1998
Honorable Burke Day 601 Legislative Office Building Atlanta, Georgia 30334
Dear Burke:
Pursuant to your request, I am this date removing you from the Industry Committee and placing you on the Appropriations Committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:lj
cc: Honorable Newt Hudson Honorable Terry Coleman Mr. Robert Rivers Mr. Frank Eldridge Mr. Sewell Brumby House Information Office House Research Office Governor's Office

Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
January 15, 1998
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 Emory C. McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District. He will serve for a term beginning April 16, 1998, and expiring April 15, 2003. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.

WEDNESDAY, FEBRUARY 11,1998

555

With best regards, I am
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Emory C. McClinton Honorable Grace W. Davis Honorable Tyrone Brooks Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Mr. Mark Cohen

Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel

TO: Honorable Lewis Massey Secretary of State

The General Assembly State Capitol Atlanta

This is to certify that Honorable Emory C. McClinton 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 Fifth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1998, and expiring April 15, 2003.
This 15th day of January, 1998.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 15, 1998
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 14, 1998, in the Senate Chamber of the state capitol build ing. At that caucus Honorable Emory C. McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 1998, and expiring April 15, 2003.
Respectfully submitted,

556

JOURNAL OF THE HOUSE,

/s/ Grace W. Davis Representative, 48th District Chairman Fifth Congressional District Caucus
/s/ Tyrone Brooks Representative, 54th District Secretary Fifth Congressional District Caucus

The General Assembly State Capitol Atlanta
January 15, 1998
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Ga 30334
Dear Mr. Speaker:
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 14, 1998, in the Senate Chamber of the state capitol build ing. At that caucus Honorable Emory C. McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 1998, and expiring April 15, 2003.
Respectfully submitted, /s/ Grace W. Davis
Representative, 48th District Chairman Fifth Congressional District Caucus
/s/ Tyrone Brooks Representative, 54th District Secretary Fifth Congressional District Caucus

Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
January 15, 1998
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 W. P. "Billy" Langdale was elected as a member of the State Transportation Board from the Second Congressional District. He will serve for a term beginning April 16, 1998, and expiring April 15, 2003. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am

WEDNESDAY, FEBRUARY 11, 1998

557

SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable W. P. Langdale Honorable Jay Shaw Honorable Tim Golden Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Mr. Mark Cohen

Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel

TO: Honorable Lewis Massey Secretary of State

The General Assembly State Capitol Atlanta

This is to certify that Honorable W. P. "Billy" Langdale 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 Second Congressional District for a term of five years and until his succes sor is elected and qualified, such term beginning April 16, 1998, and expiring April 15, 2003.
This 15th day of January, 1998.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 15, 1998
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 14, 1998, in the Senate Chamber of the state capitol build ing. At that caucus Honorable W. P. "Billy" Langdale was elected as a member of the State Transportation Board from the Second Congressional District to serve a term begin ning April 16, 1998, and expiring April 15, 2003.
Respectfully submitted, /s/ Jay Shaw

558

JOURNAL OF THE HOUSE,

Representative, 176th District Chairman Second Congressional District Caucus
/s/ Tim Golden Representative, 177th District Secretary Second Congressional District Caucus
The General Assembly State Capitol Atlanta
January 15, 1998
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Ga 30334
Dear Mr. Speaker:
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 14, 1998, in the Senate Chamber of the state capitol build ing. At that caucus Honorable W. P. "Billy" Langdale was elected as a member of the State Transportation Board from the Second Congressional District to serve a term begin ning April 16, 1998, and expiring April 15, 2003.
Respectfully submitted, /s/ Jay Shaw
Representative, 176th District Chairman Second Congressional District Caucus
/s/ Tim Golden Representative, 177th District Secretary Second Congressional District Caucus

Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
January 15, 1998
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 Tom Triplett was elected as a member of the State Transportation Board from the First Congressional District. He will serve for a term beginning April 16, 1998, and expiring April 15, 2003. 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,

WEDNESDAY, FEBRUARY 11, 1998

559

/s/ Sewell Sewell R. Brumby Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Tom Triplett Honorable Roger C. Byrd Honorable Anne Mueller 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 Tom Triplett has been elected pursuant to the provi sions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the First Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1998, and expiring April 15, 2003.
This 15th day of January, 1998.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 15, 1998
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 14, 1998, in the Senate Chamber of the state capitol build ing. At that caucus Honorable Tom Triplett was elected as a member of the State Trans portation Board from the First Congressional District to serve a term beginning April 16, 1998, and expiring April 15, 2003.
Respectfully submitted, /s/ Roger C. Byrd
Representative, 170th District Chairman

560

JOURNAL OF THE HOUSE,

First Congressional District Caucus
/s/ Anne Mueller Representative, 152nd District Secretary First Congressional District Caucus

The General Assembly State Capitol Atlanta
January 15, 1998
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Ga 30334
Dear Mr. Speaker:
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 14, 1998, in the Senate Chamber of the state capitol build ing. At that caucus Honorable Tom Triplett was elected as a member of the State Trans portation Board from the First Congressional District to serve a term beginning April 16, 1998, and expiring April 15, 2003.
Respectfully submitted, /s/ Roger C. Byrd
Representative, 170th District Chairman First Congressional District Caucus
/s/ Anne Mueller Representative, 152nd District Secretary First Congressional District Caucus

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

HR 1023. By Representatives Davis of the 48th and McKinney of the 51st:
A resolution recognizing U.S. Representative Cynthia McKinney from the llth District of Georgia, and U.S. Representative Loretta Sanchez from the State of California, and inviting them to appear before the House of Repre sentatives.

HR 1028. By Representatives Bohannon of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A resolution recognizing Major General Richard N. Goddard and inviting him to appear before the House of Representatives.

HR 1030. 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 referred to the Committee on Rules:

WEDNESDAY, FEBRUARY 11, 1998

561

HR 1047. By Representative Floyd of the 138th:
A resolution recognizing and commending Miss Marci Dwozan, 1998 Georgia Watermelon Queen and inviting her to appear before the House of Represen tatives.

HR 1048.

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. H.H. Dimery, and Ms. Ovis Stephens and inviting the cooking team to appear before the House of Representatives.

HR 1049.

By Representatives Titus of the 180th and Bates of the 179th:
A resolution commending the 1997 Thomas County Central High School football team and inviting the players and coaching staff to appear before the House of Representatives.

HR 1050. By Representative Whitaker of the 7th:
A resolution recognizing and commending the Gilmer County High School Band and inviting its director 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 1390.

By Representative Randall of the 127th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Anno tated, relating to fees of sureties, so as to provide that sureties on criminal bonds in any court shall not charge or receive more than 15 percent of the amount of the bonds as compensation from defendants or from anyone acting for defendants.

Representative Tolbert of the 25th moved that HB 1390 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alton N Andersen NAshe
Bailey Bannister YBarfoot Y Barnard Y Barnes Bates YBenefield Y Birdsong Bohannon N Bordeaux N Bradford N Breedlove N Bridges N Brooks N Brown YBuck NBuckner YBunn NBurkhalter YByrd

E Campbell N Canty NCash Y Channel! N Childere N Clark N Coan N Coleman, B
Coleman, T N Connell N Cooper Y Crawford Y Crews Y Culbreth N Cummings
Davis, G N Davis, M Y Day NDeLoach, B N DeLoach, G Y Dix Y Dixon Y Dobbs

N Dukes Ehrhart
N Epps N Evans N Everett N Felton Y Floyd N Franklin N Golden N Graves Y Greene
Grindley N Hammontree Y Hanner N Harbin N Heard
Hecht N HeckstaJl Y Hegstrom N Henson N Holland
Holmes N Houston

N Howard N Hudgens Y Hudson, H Y Hudson, N N Hugley N Irvin N Jackson N James Y Jamieson Y Jenkins N Johnson N Johnston N Jones
Joyce N Kaye Y Ladd N Lakly Y Lane Y Lee N Lewis Y Lord
Lucas N Maddox

N Mann N Manning Y Martin, J Y Martin, J.L N Massey Y McBee N McCall Y McClinton N McKinney Y Mills N Mobley Y Mosley N Mueller
O'Neal Y Orrock N Parham N Parrish N Parsons N Pelote
Perry N Pinholster N Poag N Polak

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N Ponder Y Porter NPowell YPurceU NRagas NRandaU YRay N Reaves NReichert N Rice N Richardson Y Roberts N Rogers

Y Royal N Sanders NSauder N Scarlett Y Scheid Y Scott YShanahan Y Shaw N SherriU N Shipp N Sims Y Sinkfleld 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 N Smyre N SneUing Y Snow Y Stallings Y Stancil, F N Stancil, S

Stanley, L Stanley,? N Stephens Taylor N Teague N Teper N Thomas N Tillman N Titus Y Tolbert N Trense N Turnquest Y Twiggs

Y Walker, L Y Walker, K.L N Watson N West N Westmoreland N Whitaker N Wiles N Williams, B
Williams, J N Williams, R N Worthan Y Yates
Murphy, Spkr

On the motion, the ayes were 59, nays 101. The motion was lost.

The following amendments were read and lost:

Representative Reichert of the 126th moves to amend HB 1390 as follows:
Page 1 line 16 - after the word "bonds"
add "on bond amounts up to $5,000.00 and 10 percent on bond amounts greater that $5,000".

Representative Mueller of the 152nd moves to amend HB 1390 as follows:
On line 17, after the word defendants."
add "and such amount of compensation shall be returned to the defendant if he or she is acquitted of the charges."

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 NAshe
Bailey Y Bannister N Barfoot N Barnard YBarnes Y Bates NBenefield YBirdsong
Bohannon N Bordeaux N Bradford NBreedlove Y Bridges N Brooks N Brown N Buck YBuckner YBunn NBurkhalter YByrd E Campbell N Canty

N Cash N Channel! YChilders N Clark N Coan N Coleman, B
Coleman, T N Cornell N Cooper N Crawford Y Crews N Culbreth Y Cummings
DaTM, G N Davis, M N Day N DeLoach, B N DeLoach, G N Dii N Dtxon N Dobbs N Dukes
Ehrhart N Epps N Evans

N Everett N Felton Y Floyd N Franklin Y Golden N Graves Y Greene Y Grindley N Hammontree N Manner Y Harbin N Heard N Hecht Y Heckstall N Hegstrom N Henson N Holland N Holmes N Houston Y Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin

N Jackson N James N Jamieson N Jenkins N Johnson N Johnston Y Jones
Joyce N Kaye N Ladd N Lakly N Lane N Lee Y Lewis Y Lord
Lucas N Maddoi N Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton

N McKinney N Mills Y Mobley N Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons N Pelote
Perry N Pinholster N Poag N Polak N Ponder Y Porter NPowell N Purcell N Ragas Y Randall YRay Y Reaves Y Reichert N Rice

WEDNESDAY, FEBRUARY 11, 1998

563

N Richardson N Roberts Y Rogers N Royal N Sanders YSauder YScarlett NScheid Y Scott NShanahan NShaw

Y Sherrffl Y Shipp Y Sims N Sinkfield Y Skipper N 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 Smiling N Snow Y Stallings N Stancil, F N Stancil, S
Stanley, L Stanley, P N Stephens Y Taylor

Y Tongue N Teper N Thomas N TUIman N Titus N Tolbert N Trense YTuraquest N Twiggs N Walker, L N Walker, R.L

N Watson N West N Westmorland N Whitaker N Wiles N Williams, B
Williams, J Y Williams, R N Worthan N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 48, nays 119. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative McBee of the 88th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Randall of the 127th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1390.

HR 856. By Representatives James of the 140th, Reaves of the 178th, Sims of the 167th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Congress of the United States, the Secretary of Agri culture, and the Federal Crop Insurance Corporation to revise comprehensively the existing laws, regulations, and policies with respect to the Federal Crop Insurance Program in order to adequately protect fanners against unavoidable crop losses and to prevent the serious reduction in farm operations and farm acreage throughout the nation.

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

Y Alien YAndereon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Bates Y Benefield
Birdsoog Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd E Campbell Y Canty YCash YChannell YChilders

Y Clark Coan
YColeman, B Coleman, T
Y Connell Y Cooper Y Crawford Y Crews YCulbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Diion Y Dobbs Y Dukes
Ehrhart 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 Houston 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
Joyce Y Kaye

Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord
Lucas Y Maddoi Y Mann 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 Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Perry

Y Pinholster Y Poag Y Polak
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett Y Scheid Y Scott Y Shanahan Y Shaw
Sherrill Y Shipp Y Sims Y Sinkfield

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JOURNAL OF THE HOUSE,

Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith,? Y Smith, T Y Smith, V

YSmyre YSneUing YSnow Y Stalling* Y Stancil, F Y Stancil, S
Stanley, L Stanley, P

Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert

YTrense Y Turnquest
YTwiggs
Y Walker, L
Y Walker, R.L
Y Watson
YWest Y Westmorland

Whitaker Y Wiles
Y Williams, B
Williams, J
Y Williams, R
Y Worthan
YYates Murphy, Spkr

On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 856 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

HB 1392.

By Representative Murphy of the 18th:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Anno tated, relating to the crime of shoplifting, so as to change the threshold value of the property which is the subject of the theft for purposes of defining when the crime is a misdemeanor and when the crime is a felony.

The following amendment was read and adopted:

Representative Murphy of the 18th moves to amend HB 1392 as follows:
By striking from Section 1 sub-paragraph "(b)(l) on Line 18 the figures "$500.00" and inserting in lieu thereof the figures "$300.00" also - P. 2 Line 23.

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 YAnderson YAahe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes
Bates Y Benefield YBirdsong
Bohflnnon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd E Campbell
Y Canty YCash Y Channell Y Childers Y Clark

YCoan Y Coleman, B
Coleman, T Connell Cooper Y Crawford Y Crews Y Culbreth Y Cununinfs Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley

Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieaon YJenkins Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane

Lee Y Lewis YLord
Lucas Y Maddoi
YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney YMills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry N Pinholster YPoag YPolak
Ponder

Y Porter Y Powell YPurcell
YRagas Randall
YRay Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid 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

WEDNESDAY, FEBRUARY 11, 1998

565

Y Smith,? Y Smith, T Y Smith, V YSmyre YSnelling YSnow Y Stallings

Y StancU, F Stand], S Stanley, L Stanley,?
Y Stephens YTaylor 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 Watson Y West Y Westmoreland
Whitaker

Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to a mechanical malfunction, the vote of Representative Cooper of the 31st was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1226.

By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Anno tated, relating to general provisions relative to wills, trusts, and estates, as such chapter and title were effective December 31, 1997, and Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provi sions relative to wills, trusts, and estates, as such chapter and title were amended by an Act approved April 2, 1996.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to gen eral provisions relative to wills, trusts, and estates, as such chapter and title were in effect on December 31, 1997, so as to provide for a short title; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), and an Act approved April 29, 1997 (Ga. L. 1997, p. 1352), so as to provide for a short title; to revise certain definitions; to provide that an administrator with the will annexed is not an executor; to change the conditions under which an heir may petition for an order that no administration is neces sary; to provide for a final return and grant of a petition for discharge before terminating an estate in the event of escheat; to limit certain provisions relative to taxes and liens for taxes against property set apart for year's support to real property; to change a provision relating to who may petition for year's support; to provide that no additional guardian ad litem shall be appointed for a minor child represented by a guardian petitioning for year's support; to provide for exceptions; to limit to real property a requirement for mailing a copy of a petition for year's support to the tax commissioner or collector of a county in which certain property is located; to provide for overcoming a presumption of interest to revoke; to provide when a copy of a will may be offered for probate if the original will cannot be found; to change a provision relating to what persons should receive notice to beneficiaries under a purported will; to repeal a requirement for notice to certain benefi ciaries and heirs before any acts of ancillary administration; to provide for eligibility to serve as a temporary administrator; to provide for service of a petition for letters of administration with the will annexed upon nominated executors who have failed to qualify in a specified circumstance; to provide for service of such a petition on beneficiaries; to provide for judicial determination as to whether administration by the executor of a deceased executor best serves the interests of the first estate; to provide for consent by the guardian of an heir who is not sui juris to unanimous selection of an administrator; to provide that notice is not required for the grant of temporary letters of administration; to provide that a temporary administrator shall have the power to collect and preserve estate assets in certain circumstances; to repeal provisions for alternative consent to waive

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bond by a prospective personal representative and to grant specified powers to a personal representative when an heir who is not sui juris has no guardian; to provide for additional bond upon conversion of real property into personalty; to provide for notice as the court shall direct of compensation of the personal representative for the delivery of property in kind and of determining expenses to be allowed a personal representative; to repeal a pro vision requiring an order to deposit unclaimed funds before granting discharge; to change the time for filing objections to an intermediate report and service requirements; to pro vide for continuing a hearing until a date certain when objections are filed to the personal representative's report, actions, or accounting; to provide that the report of a conservator of the estate of a missing individual shall include a recommendation for distribution; to provide for certain dispositions by the conservator upon the order of an appropriate court; to provide for service on individuals who are not sui juris; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provi sions relative to wills, trusts, and estates, as such chapter and title were in effect on December 31, 1997, is amended by striking in its entirety Code Section 53-1-1, relating to the abolition of dower, and inserting in its place the following:
"53-1-1.
(a) This chapter and Chapters 2 through 11 of this title, as such chapters existed on December 31, 1997, and as such chapters shall be expressly amended in the future, shall be known and may be cited as the 'Pre-1998 Probate Code.' (b) The right of dower is abolished."
SECTION 2. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), and an Act approved April 29, 1997 (Ga. L. 1997, p. 1352), and as such title, as amended by such Acts, may be amended in the future, is amended by striking in its entirety Code Sec tion 53-1-1, relating to the effective date, and inserting in lieu thereof the following:
"53-1-1.
(a) This chapter and Chapters 2 through 11 of this title, as such chapters were amended by. an Act approved April 2, 19% (Ga. L. 1996, . 504), and an Act approved April 29, 1997 (Ga. L. 1997, p_. 1352), and as such chapters may be amended in the future, shall be known and may be cited as the 'Revised Probate Code of 1998.' (b) Except as otherwise provided by law, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective on January 1, 1998; provided, how ever, that no vested rights of title, year's support, succession, or inheritance shall be impaired."
SECTION 3. Said title is further amended by striking Code Section 53-1-2 of the "Revised Probate Code of 1998," relating to definitions, and inserting in its place the following:
"53-1-2.
As used in this chapter and Chapters 2 through 11 of this title, the term: (1) 'Administrator' means any person appointed and qualified to administer an intes tate estate, including an intestate estate already partially administered by an adminis trator and from any cause unrepresented. (2) 'Administrator with the will annexed' means any person2 other than an executor, appointed and qualified to administer a testate estate, including a testate estate already partially administered and from any cause unrepresented. (3) 'Beneficiary' means a person, including a trust, who is designated in a will to take an interest in real or personal property. (4) 'Codicil' means an amendment to or republication of a will.

WEDNESDAY, FEBRUARY 11, 1998

567

(5) 'County administrator' means any individual or individuals appointed by the pro bate court of the county and qualified to represent an estate that is unrepresented and unlikely to be represented. (6) 'Descendants' means the lineal descendants of an individual including those indi viduals who are treated as lineal descendants by virtue of adoption. (7) 'Executor' means any person nominated in a will who has qualified to administer a testate estate, including a person nominated as alternative or successor executor. (8) 'Guardian' means the guardian ad litem described in Code Section 53-11-2 who represents one or more parties to a probate court proceeding who are not sui juris, are unborn, or are unknown. (9) 'Heirs' means those one or more individuals who survive the decedent and are determined under the rules of inheritance to take the property of the decedent that is not disposed of by will. (10) 'Nominated executor' means any person nominated in the will to serve as execu tor who has not yet qualified to serve as executor. (11) 'Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or two or more persons having a joint or common interest, including an individual or a business entity acting as a personal representative or in any other fiduciary capacity. (12) 'Personal representative' means any administrator, administrator with the will annexed, county administrator, or executor. (13) 'Qualified' means that a personal representative has taken the oath, posted any required bond, and been issued letters of administration or letters testamentary, and posted any required bend; as provided in this title. (14) 'Sui juris' means an individual is age 18 or over and not suffering from any legal disability. (15) 'Temporary administrator' means any person granted temporary letters of admin istration upon an unrepresented estate. (16) 'Testamentary gift' means the interest in real or personal property which a bene ficiary is designated to take in a will. (17) 'Will' means the legal declaration of an individual's testamentary intention regarding that individual's property or other matters. Will includes the will and all codicils to the will."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 53-2-40 of the "Revised Probate Code of 1998," relating to petitions, and inserting in its place the follow ing:
"(a) When an individual has died intestate and there has been no administration per sonal representative appointed in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court of the county of the domicile of the decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state."
SECTION 5. Said title is further amended by striking subsection (e) of Code Section 53-2-51 of the "Revised Probate Code of 1998," relating to procedure for escheat, and inserting in its place the following:
"(e) When property is paid over or distributed to a county board of education, e fvatfeer proceeding!) te terminate the administration of the estate shall be necessary termi nated following a final return and the granting of a petition for discharge."
SECTION 6. Said title is further amended by striking Code Section 53-3-4 of the "Revised Probate Code of 1998," relating to taxes and tax liens, and inserting in its place the following:

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In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the real property set apart and against any equity of redemption applicable to the real property set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition, shall be divested if the real prop erty is set apart for year's support."
SECTION?. Said title is further amended by striking subsection (a) of Code Section 53-3-5 of the "Revised Probate Code of 1998," relating to the filing of a petition for year's support, and inserting in its place the following:
"(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviv ing spouse e a miser hikl or a guardian or other person acting in behalf of the surviv ing spouse or in behalf of a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child, no additional guardian ad litem shall be appointed for such minor child unless ordered by the court."
SECTION 8. Said title is further amended by striking subsection (d) of Code Section 53-3-6 of the "Revised Probate Code of 1998," relating to issuance of citation and publication of notice and mailing of petitions to tax commissioners, and inserting in its place the following:
"(d) The probate court shall mail a copy of the petition within five days of its filing to the tax commissioner or tax collector of any county in this state in which real prop erty proposed to be set apart is located."
SECTION 9. Said title is further amended by striking Code Section 53-4-44 of the "Revised Probate Code of 1998," relating to destruction or obliteration of a will or material portion thereof, and inserting in its place the following:
"53-4-44.
An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a mate rial portion of the will4 but such presumption may be overcome by a preponderance of the evidence."
SECTION 10. Said title is further amended by striking subsection (b) of Code Section 53-5-22 of the "Revised Probate Code of 1998," relating to notice for probate in solemn form, and insert ing in its place the following:
"(b) For purposes of giving notice to beneficiaries under a purported will for which pro bate proceedings are pending in this state, notice shall be given to these ef the following persona named er designated the purported wiH whese identity and whereabouts may be determined fey the petitioner the exercise ef- reasonable diligence:
(1) Each beneficiary who is designated at the wiH te receive a- present interest orpowci*j otrici? tiicLTi ft mere trust Dcnciiciftryj &ud wfto( m trie Cflsc d AH imuiVIQUCU, is 9i jvats Each beneficiary:
(A) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee: and (B) Whose identity and whereabouts are known or may be determined b_ reason able diligence; (2) The duly acting guardian of; if- ene; the peisen having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and (3) Each trustee.

WEDNESDAY, FEBRUARY 11, 1998

569

Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous bene ficiaries of the same or similar class where the value of each testamentary gift is, or appears to be, nominal. Upon motion, the court may determine whether the interest of any beneficiary required to be notified under this subsection is adequately represented, including any contingent interest of a beneficiary, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent each benefi ciary or order such other notice as may be appropriate to a beneficiary of a contingent interest. If a trustee named in the will indicates a refusal to represent the beneficiaries of the testamentary trust, the court may order that notice be given directly to the bene ficiaries of the trust."
SECTION 11. Said title is further amended by striking Code Section 53-5-40 of the "Revised Probate Code of 1998," relating to notice given by an ancillary personal representative, and insert ing in its place the following:
"53-5-40.
Upon qualification, the ancillary personal representative shall give notice to all creditors of the nondomiciliary decedent who are domiciled in this state in the same manner as is required for decedents who die domiciled in this state. Following qualification and prie* te performing toy acts ef ancillary administration this state, the ancillary -pefseaai representative shaH give netieej accordance with Chapter H of this title, of the ancillary probate of-the decedent's wK or the ancillary administration of the decedent's csuito to cflcii ocncticiflpy tuidcf ui& decedent 9 win WHO is uonuiciicQ wt tins switc cuid

SECTION 12. Said title is further amended by striking Code Section 53-6-1 of the "Revised Probate Code of 1998," relating to eligibility for service as a personal representative of a decedent, and inserting in its place the following:
"53-6-1.
Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of a decedent who dies domi ciled in this state, subject to the requirements for qualification set forth in this chapter. Any other person is eligible to serve as a personal representative or temporary adminis trator of a decedent who dies domiciled in this state, subject to the requirements set forth in this chapter, provided the person is otherwise qualified to act as a fiduciary in this state."
SECTION 13. Said title is further amended by striking subsection (a) of Code Section 53-6-11 of the "Revised Probate Code of 1998," relating to qualifications of executors, and inserting in its place the following:
"(a) If the nominated executor does not qualify within 90 days after the order admitting trie will to probate is entered, the next nominated executor in the order set out in the will may qualify. If the next nominated executor fails to qualify within 90 days after the expiration of the time period by which the first nominated executor must qualify, any nominated executor may qualify. If no nominated executor appears to qualify within a reasonable time or if there is no other executor named in the will, the estate shall be deemed to be unrepresented. If the petition for letters of administration with the will annexed is based upon the expiration of a reasonable time, any nominated executor who has failed to qualify shall also be served."
SECTION 14. Said title is further amended by striking Code Section 53-6-15 of the "Revised Probate Code of 1998," relating to petitions for letters of administration with the will annexed, and inserting in its place the following:

570

JOURNAL OF THE HOUSE,

"53-6-15.
(a) Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section 53-5-21 if the will has not yet been admitted to probate and shall include a prayer for issuance of letters of adminis tration with the will annexed. The petition shall be served on the beneficiaries of the will in the manner described in Chapter 11 of this title. (b) If the will has been admitted to probate, the petition for letters of administration with the will annexed shall set forth the names, addresses, and ages or majority status of the beneficiaries, the date on which the will was admitted to probate, and the circum stances giving rise to the need for an administrator with the will annexed. The petition shall be served on the beneficiaries of the will and the executor, if any, of any deceased executor whose death created the vacancy in the manner described in Chapter 11 of this title. (c) In the case of an estate partially administered and unrepresented because of the death of the previous executor, the judge shall determine whether the interest of the first estate and the persons interested in the first estate will be best served by the appointment of an administrator with the will annexed or by permitting the executor, if any, appointed under the will of the deceased previous executor te be er become, eta
vRG CQSC flftfty DC, tn6 CXCCHtOF Or tttC I1F81 CStfllC i&y OpCFCtUOH Or iftW.
SECTION 15. Said title is further amended by striking Code Section 53-6-20 of the "Revised Probate Code of 1998," relating to selection or appointment of an administrator, and inserting in its place the following:
"53-6-20.
An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent's surviving spouse and an action for divorce or sepa rate maintenance was pending between the deceased intestate and the surviving spouse at the time of death. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. When no such unanimous selection is made, the pro bate court shall make the appointment that will best serve the interests of the estate, considering the following order of preferences:
(1) The surviving spouse, unless an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death; (2) One or more other heirs of the intestate or the person selected by the majority in interest of them; (3) Any other eligible person; (4) Any creditor of the estate; or (5) The county administrator."

SECTION 16. Said title is further amended by striking subsection (a) of Code Section 53-6-30 of the "Revised Probate Code of 1998," relating to powers of the court to grant temporary letters of administration and appoint an administrator and appeals, and inserting in its place the following:
"(a) The probate court may at any time and without notice grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed."
SECTION 17. Said title is further amended by striking Code Section 53-6-31 of the "Revised Probate Code of 1998," relating to the powers of a temporary administrator, and inserting in its place the following:
"53-6-31. A temporary administrator may bring an action for the collection of debts or for per sonal property of the decedent. If a personal representative is appointed pending the

WEDNESDAY, FEBRUARY 11, 1998

571

action, the personal representative may be made a party in lieu of the temporary admin istrator. A temporary administrator shall have the power to collect and preserve the assets of the estate and to expend funds for this purpose if approved by the judge of the probate court after such notice as the judge deems necessary."
SECTION 18. Said title is further amended by striking subsection (c) of Code Section 53-6-50 of the "Revised Probate Code of 1998," relating to persons required to give bond, and inserting in its place the following:
"(c) A person petitioning to qualify as a personal representative of an intestate estate may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. If thefe is ne guardian, consent may be gjve by ciuiGf pftFent OT ft minoF .neir or <&y A mojonty m interest of trie HCIPS ftppcurcH* ^n &n incapacitated adult feefe The personal representative of a deceased heir is authorized to consent for that heir. In no case may consent on behalf of an heir who is not sui juris be effective if the person consenting is the person petitioning to serve as personal repre sentative."
SECTION 19. Said title is further amended by striking subsection (c) of Code Section 53-6-51 of the "Revised Probate Code of 1998," relating to requisites of bonds, and inserting in its place the following:
"(c) The bond shall be in a sum equal to double the value of the estate to be adminis tered; provided, however, that the bond shall be in an amount equal to the value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the personal representative or temporary administrator as fiduciary but, upon the conversion of the real property into personalty, a ew bond shall be given based upon the value of the estate, including the value of the personalty into which the real property was con verted."
SECTION 20. Said title is further amended by striking subsection (b) of Code Section 53-6-60 of the "Revised Probate Code of 1998," relating to the amount of compensation for a personal representative, and inserting in its place the following:
"(b) If the personal representative's compensation is not specified in the will or any sep arate written agreement, the personal representative for services rendered shall be enti tled to compensation equal to:
(1) Two and one-half percent commission on all sums of money received by the per sonal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 Vi percent commission on all sums paid out by the personal representative, either for debts, legacies, or distributive shares; (2) Ten percent commission on the amount of interest made if, during the course of administration, the personal representative shall receive interest on money loaned by the personal representative in that capacity and shall include the same on the return to the probate court so as to become chargeable therewith as a part of the corpus of the estate; (3) Reasonable compensation, as determined in the discretion of the probate court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the judge, irrespec tive of whether delivery over in kind is made pursuant to proceedings for that purpose in the probate court and irrespective of whether the property, except money, is tangi ble or intangible, personal or real; and (4) In the discretion of the probate court, compensation for working land for the ben efit of the parties in interest in no case exceeding 10 percent of the annual income of the property so managed."

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SECTION 21. Said title is further amended by striking Code Section 53-6-61 of the "Revised Probate Code of 1998," relating to expenses of personal representatives, and inserting in its place the following:
"53-6-61. Personal representatives shall be allowed reasonable expenses incurred in the adminis tration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents. Such reasonable expenses shall be determined after such notice, if any, as the court shall direct."
SECTION 22. Said title is further amended by striking subsection (b) of Code Section 53-7-1 of the "Revised Probate Code of 1998," relating to general powers and duties of personal repre sentatives and additional powers, and inserting in its place the following:
"(b) As part of the petition for letters testamentary or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section 53-12-232. With respect to any beneficiary or heir who is not sui juris, the consent may be given by the guardian; er; if- none; by either parent in the ease ef- a miner or by a majority interest ef the heirs apparent m the ease ef a incapacitated adult; provided, however, that aeh
OH9dn Oft DCIlEnT Or ftH 1HQ.1V1QUQJ. WflO 19 HOT 9U1 JUF19 SA&lr HOI DC GIIGCliVC WflGH tflC
ealy individual whe is consenting is the individual whe wiH serve ef whe is serving asthe personal representative. The personal representative of a deceased beneficiary or heir is authorized to consent on behalf of that beneficiary or heir. The grant of powers may only be ordered after publication of a citation and without any objection being filed. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section 53-12-232 be granted."
SECTION 23. Said title is further amended by striking Code Section 53-7-51 of the "Revised Probate Code of 1998," relating to disposition of unclaimed funds upon discharge, and inserting in its place the following:
"53-7-51. If funds are in the hands of the personal representative and no person claims such funds, the probate court may nevertheless grant a discharge; at the same time passing a order requiring the personal representative te deposit the funds a solvent bank as the eeart may direetr The discharge shall net take effect until the money is deposited."
SECTION 24. Said title is further amended by striking subsection (c) of Code Section 53-7-73 of the "Revised Probate Code of 1998," relating to the filing and contents of an intermediate report and notice to heirs and beneficiaries, and inserting in its place the following:
"(c) The probate court, upon the petition and return being filed, shall issue a citation and shall require any objections to be filed on or before the date set for the hearing iixGQ oy trie court ftt ft FC^UIQT term of tiic court *ftst conVGDCS not 1039 uitui ~cM ciuys after the date ef filing ef the petition in conformity with Chapter 11 of this title. Service shall be made on the heirs of an intestate estate or the beneficiaries of a testate estate or such other persons as the court requires in conformity with Chapter 11 of this title."
SECTION 25. Said title is further amended by striking Code Section 53-7-74 of the "Revised Probate Code of 1998," relating to filing of objections to intermediate reports, continuation of hear ings, and appeals, and inserting in its place the following:
"53-7-74.

WEDNESDAY, FEBRUARY 11, 1998

573

At or before the time fixed for hearing, any parties at interest may file objections to the personal representative's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the nest regular term ef the prebate eeari a date certain, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been served appropriately and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court."
SECTION 26. Said title is further amended by striking Code Section 53-9-14 of the "Revised Probate Code of 1998," relating to reports of conservators and court orders, and inserting in its place the following:
"53-9-14.
The conservator shall within 60 days after appointment make a written report to the probate court setting forth the condition of the estate of the missing individual, together with a schedule of any debts that may be owed by the missing person, an estimate of the income from the estate and the expenses necessary to its preservation, and a state ment showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support^ and a recommendation as to how the estate should be distributed. The court, after considering the report and making any fur ther investigation the court may deem necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been depen dent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may provide for the payment of those debts of the missing person as the court deems just and proper. 9%e order An order of an appropriate court may allow the conservator to engage in such estate planning dispositions of the missing person's property as are authorized by Code Section 29-5-5.1. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the missing individual for support, the guardian of any such individual, or any person hav ing an interest in the property or in any business of the missing individual."
SECTION 27. Said title is further amended by striking subsection (d) of Code Section 53-11-3 of the "Revised Probate Code of 1998," relating to personal service generally, and inserting in its place the following:
"(d) Individuals who are not sui juris shall be served as provided in this Code section chapter or as provided in Code Section 15-9-17. Incapacitated individuals who teee *esi-
t ad- liteffl appointed this state."
SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAnderaon
YAshe
Y Bailey

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
Buckner

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JOURNAL OF THE HOUSE,

YBunn YBurkhalter
YByrd E Campbell
Canty YCash YChannell YChilden Y Clark YCoan YColeman, B
Coleman, T Connell
Y Cooper Y Crawford Y Crews YCulbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach,B YDeLoach, G YDii
Dixon YDobbe Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton

YFloyd Y Franklin Y Golden Y Grave. YGreene YGrindley YHammontree
Y Banner Y Harbin Y Heard YHecht
Hecks tall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley 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 YMaddox YMann
Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills
Y Mobley YMosley YMueller YO-Neal YOrrock Y Parham YParrisb Y Parsons YPelote
Perry Y Pinbolster YPoag YPolak
Ponder

Y Porter Y Powell YPurcell
YRagas Randall
YRay Y Reaves YReicbert YRice Y Richardson
Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlet! YScheid Y Scott Y Shanahan YShaw YSherrill YShipp
Sims 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 YSnelling YSnow YStaUings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmorland
Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan 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.

HB 1227. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and hi Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

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

Y Alien YAnderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong
Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck

Y Buckner YBunn Y Burkhalter
YByrd E Campbell
Y Canty YCash Y Channel! YChilders Y Clark
YCoan Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford Y Crews YCulbreth Y Cununinffs

Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Y Dixon YDobbs Y Dukes
Ehrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden
Y Graves Y Greene

Y Grindley Y Hanunontree YHanner Y Harbin
Y Heard YHecht
Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston 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
Lord Lucas Y Maddox YMann Y Manning Y Martin, J

WEDNESDAY, FEBRUARY 11, 1998

575

Y Martin, J.L YMassey YMcBee YMcCall YMcCUnton
McKinney Y Mills
YMobley YMoeley
Mueller YO'Neal YOrrock YParham YParrish Y Parsons YPelote
Perry

Y Pinholster Y Poag Y Polak
Pander Y Porter YPowell YPurcell
Y Ragas Randall
Y Ray Y Reaves Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal

Y Sanders Y Saudei Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw
Y SherrUl 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 Snelling Y Snow Y Stallings Y Stancil, F
Y Stancil, S Stanley, L Stanley,?
Y Stephens Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus

Y Tolbert Y Trense YTurnquest Y Twiggs Y Walker, L Y Walker, R.L Y Watson
Y West Y Westmoreland
Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1228. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.

The following Committee substitute was read and adopted:

A BILL

To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia
Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters
contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rear range, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to
provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as
follows: (1) By deleting the comma following "representations" in paragraph (13) of Code Sec
tion 2-11-21, relating to definitions relative to sale and transportation of seeds. (2) By inserting "subsection" preceding "(d)" and "(j)" in the introductory language of subsection (c), by deleting "and" at the end of subparagraph (d)(10)(A), by striking "Code Section 2-11-22" and inserting in lieu thereof "this Code section" in paragraph
(5) of subsection (e), by striking "eight point" and inserting in lieu thereof "eight-point" in subparagraph (f)(4)(D), by striking the semicolon and inserting in lieu thereof a period at the end of paragraph (6) of subsection (f), by striking "; and" and inserting

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in lieu thereof a period at the end of subparagraph (g)(l)(E), and by striking "Code Sec tion 2-11-22" and inserting in lieu thereof "this Code section" in paragraph (3) of sub section (j) of Code Section 2-11-22, relating to labeling requirements for the sale and
transportation of seeds. (3) By inserting "Section" following "U.S.C." and adding a comma following "2321" in paragraph (7) of subsection (a) of Code Section 2-11-23, relating to prohibited acts in
the sale and transportation of seeds. (4) By deleting "of this article" from the end of paragraph (19) of Code Section 2-12-2, relating to definitions relative to commercial fertilizers. (5) By deleting the comma following "ten pounds or less" in paragraph (1) of subsection (b) of Code Section 2-12-8, relating to inspection fees, quarterly report, collection pen
alty, and the effect of failure to file a report and pay a penalty assessment.

SECTION 3.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows:
(1) By striking "state of Georgia" and inserting in lieu thereof "State of Georgia" in Code Section 3-3-31, relating to legislative findings of violations of shipments of alco holic beverages by persons in other states or countries to residents of this state. (2) By striking "state of Georgia" and inserting in lieu thereof "State of Georgia" in subsection (a) of Code Section 3-3-32, relating to shipment of alcoholic beverages into the state by nonresident, without license, who is in business of selling alcoholic bever
ages in another state. (3) By striking "center" and inserting in lieu thereof "coliseum" three times in subsec tion (c) of Code Section 3-8-5, relating to the sale of alcoholic beverages at coliseums during professional sports events.

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

SECTION 7.
Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows:
(1) By striking "title" and inserting in lieu thereof "article" in subsection (a) and by striking "chapter" and inserting in lieu thereof "article" and by adding "of this article" following "Part 19" in subsection (b) of Code Section 7-1-628, relating to the purpose and scope of Part 20 of Article 2 of Chapter 1 of this title, relative to interstate banking and branching by merger. (2) By inserting "of Chapter 2" following "Article 15" in paragraph (4) of subsection (a) of Code Section 7-1-628.5, relating to requirement for out-of-state bank that is resulting bank of interstate merger transaction.

Reserved.

SECTION 8.

Reserved.

SECTION 9.

SECTION 10.
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows:
(1) By striking "on his or her" and inserting in lieu thereof "or his or her" in Code Sec tion 10-1-380, relating to the definition of an administrator.

WEDNESDAY, FEBRUARY 11, 1998

577

(2) By striking "Superior Court of county" and inserting in lieu thereof "superior court of the county" in subsections (a) and (b) of Code Section 10-1-381, relating to the final order, the collection of judgment; the disbursement of funds, and the consumer preven tive education plan.

SECTION 11. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows:
(1) By striking "53-7-91," and inserting in lieu thereof "53-7-91 of the Tre-1998 Probate Code,' if applicable, or Code Section 53-7-40 of the 'Revised Probate Code of 1998,'" in subsection (1) of Code Section 11-9-310, relating to the priority of certain liens, claims, and rights.

Reserved.

SECTION 12.

Reserved.

SECTION 13.

SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows:
(1) By striking "described in of Code Section" and inserting in lieu thereof "described in Code Section" in paragraph (1) of subsection (a) of Code Section 14-3-853, relating to advance or reimbursement of litigation expenses. (2) By deleting the comma following "partnership" in paragraph (8) of subsection (a) of Code Section 14-3-1101, relating to definitions relative to a merger and the plan of a merger. (3) By striking "53-5-2." and inserting in lieu thereof "53-5-2 of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the 'Revised Probate Code of 1998.'" in paragraph (5) of subsection (b) of Code Section 14-8-25, relating to the incidents of tenancy in partnership.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as fol lows:
(1) By striking "hi accordance with Article VI, Section VIII of the Constitution" from subsection (a) of Code Section 15-6-27, relating to alternative procedure for hiring per sonnel employed by superior court judges; authority, duties; uniform policies, rules, and regulations; leave; salaries; expenses; supplies; local supplements; and county employees. (2) By striking "53-3-14" and inserting in lieu thereof "53-3-14 of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-5-22, 53-11-3, 53-11-4, and 53-11-9 of the 'Revised Probate Code of 1998'" in paragraph (11); by striking "53-3-17" and inserting in lieu thereof "53-3-17 of the 'Pre-1998 Probate Code,' if applicable" in paragraph (12); by striking "53-4-30, et. seq." and inserting in lieu thereof "53-4-30, et. seq., of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-2-20 through 53-2-26 of the 'Revised Probate Code of 1998'" in paragraph (13); by striking "53-5-8" and inserting in lieu thereof "53-5-8 of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-6 and 53-3-7 .of the 'Revised Probate Code of 1998'" in paragraph (14); by striking "53-5-21" and inserting in lieu thereof "53-5-21 of the 'Pre-1998 Probate Code,' if appli cable, or Code Section 53-3-20 of the 'Revised Probate Code of 1998'" in paragraph (15); by striking "53-6-29" and inserting in lieu thereof "53-6-29 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-6-13 of the 'Revised Probate Code of 1998'" in paragraph (16); by striking "53-6-99" and inserting in lieu thereof "53-6-99 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-6-43 of the 'Revised Probate Code of 1998'" in paragraph (17); by striking "53-6-126" and inserting in lieu thereof "53-6-126 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-6-46 of the 'Revised Probate Code of 1998'" in paragraph (18); by striking "53-7-37" and inserting in lieu thereof "53-7-37 of the 'Pre-1998 Probate Code,' if applicable, or Code Section

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53-6-53 of the 'Revised Probate Code of 1998"' in paragraph (19); by striking "53-7-148" and inserting in lieu thereof "53-7-148 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-7-55 of the 'Revised Probate Code of 1998'" in paragraph (20); by strik ing "53-7-149" and inserting in lieu thereof "53-7-149 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-7-56 of the 'Revised Probate Code of 1998'" hi para graph (21); by striking "53-7-167" and inserting in lieu thereof "53-7-167 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-7-61 of the 'Revised Probate Code of 1998'" in paragraph (22); By striking "53-7-183" and inserting in lieu thereof "53-7-183 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-7-72 of the 'Revised Probate Code of 1998'" in paragraph (23); by striking "53-7-184" and inserting in lieu thereof "53-7-184 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-7-73 of the 'Revised Probate Code of 1998'" in paragraph (24); and by striking "53-8-34." and inserting in lieu thereof "53-8-34 of the 'Pre-1998 Probate Code,' if appli cable." in paragraph (25) of subsection (e) of Code Section 15-9-86.1, relating to state ments in lieu of stating the time of hearing in certain proceedings. (3) By striking "53-3-22" and inserting in lieu thereof "53-3-22 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-5-25 of the 'Revised Probate Code of 1998'" in paragraph (3) of Code Section 15-9-127, relating to additional concurrent jurisdiction of the probate courts and superior courts. (4) By deleting the comma following "19-7-22" at the end of subparagraph (E) of para graph (10.1) of Code Section 15-11-2, relating to definitions relative to juvenile proceed ings. (5) By striking "15-11-43" and inserting in lieu thereof "15-11-49" in Code Section 15-11-36.1, relating to counseling or counsel and advice for children and their parents or guardians. (6) By striking "the transfer of a child from the custody of the Department of Juvenile Justice to the custody of the Department of Corrections as provided in Code Section 49-5-10.1 or as prohibiting" from subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication, use of disposition and evidence, and commitment of child to penal institution prohibited. (7) By striking "their" and inserting in lieu thereof "his or her" in paragraph (8) of sub section (c) of Code Section 15-11-59, relating to maintenance and inspection of juvenile law enforcement records. (8) By striking "Prosecuting Attorneys' Council of Georgia" and inserting in lieu thereof "Prosecuting Attorneys' Council of the State of Georgia" in subsections (a), (c), and (f) and in paragraph (1) of subsection (e) of Code Section 15-18-12, relating to travel expenses, limitations, advance travel funds, provision of county vehicle, travel budgets for judicial circuits, and budget request for state funds. (9) By striking "victims" and inserting in lieu thereof "victims'" in subsection (c) of Code Section 15-18-14.2, relating to victim assistance coordinator. (10) By striking "; and" and inserting a period at the end of subsection (a) of Code Sec tion 15-23-7, relating to the collection of additional legal costs in civil actions for pur poses of providing court-connected or court-referred alternative dispute resolution programs.
SECTION 16.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows:
(1) By striking "(d), (e), (f), and (g)" and inserting in lieu thereof "(d) through (i)" in subsection (c), by striking the period and inserting in lieu thereof "; and" at the end of paragraph (1) of subsection (f), and by deleting "(f)" from paragraph (2) of subsection (f) of Code Section 16-5-23.1, relating to the offense of battery. (2) By striking "Chapter 6 of Title 53, relating to the administration of estates," and inserting in lieu thereof "Chapter 6 of Title 53 of the 'Pre-1998 Probate Code,' relating to the administration of estates, if applicable, or Chapter 6 of Title 53 of the 'Revised Probate Code of 1998' and other provisions in such revised probate code relating to the administration of estates" in division (12)(B)(i) of Code Section 16-14-3, relating to defi nitions relative to racketeer influenced and corrupt organizations.

WEDNESDAY, FEBRUARY 11, 1998

579

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows:
(1) By adding "of the State of Georgia" following "Prosecuting Attorneys' Council" in Code Section 17-12-41, relating to proposal and adoption of guidelines for the operation of Article 2 of Chapter 12 of Title 17, regarding the state funded local indigent defense programs.

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows:
(1) By deleting the "(a)" designation from Code Section 19-11-33, relating to notices regarding the enforcement of duty of support.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows:
(1) By adding "and" at the end of paragraph (4) of subsection (b) of Code Section 20-2-506, relating to definitions relative to contracts and purchases by public schools and authority to enter into multiyear lease, purchase, or lease purchase contracts. (2) By striking "propose of and inserting in lieu thereof "purpose of and by striking "20-2-752" and inserting in lieu thereof "20-2-751.2" in subsection (b) of Code Section 20-2-670, relating to requirements for transferring students beyond sixth grade, condi tional admission, and compliance. (3) By deleting "in subsection (d)" from subsection (d) of Code Section 20-2-769, relat ing to authorized alternative school programs and annual reports.

Reserved.

SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended as follows:
(1) By inserting "may be" preceding "cited" in Code Section 25-11-1, relating to the "Georgia Fire Sprinkler Act." (2) By striking "him or her" and inserting in lieu thereof "the Commissioner" in subsec tion (a) of Code Section 25-11-7, relating to a fire protection system designer license. (3) By striking "severed by delivery" and inserting in lieu thereof "served by delivery" in subsection (d) of Code Section 25-11-16, relating to a cease and desist order against violators, penalty for violations, order requiring compliance, and revocation of certificate for failure to comply with the order.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows:
(1) By striking "his/her" and inserting in lieu thereof "his or her" and by striking "non profit" and inserting in lieu thereof "nonprofit" in subsection (d) of Code Section 26-2-373.1, relating to use of hair nets or hats by food preparers and violation penalties.

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Reserved.

SECTION 27.

Reserved.

SECTION 28.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

SECTION 31.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as fol
lows: (1) By striking "agreement" and inserting in lieu thereof "agreements" in paragraph (5)
of Code Section 31-1-21, relating to definitions relative to patient access to eye care. (2) By striking "CPT" and inserting in lieu thereof "current procedural terminology" in paragraph (1) of subsection (a) of Code Section 31-1-22, relating to health care insurers
providing benefit plan including eye care. (3) By striking in its entirety subsection (d), relating to the purpose of enjoining viola tions of reserved Chapter 25 of Title 31, of Code Section 31-5-9, relating to injunctions
for enjoining violations of the provisions of this title. (4) By striking ", provided that only the Commissioner of Agriculture shall have the authority to obtain an inspection warrant in connection with matters arising under
Chapter 25 of this title" from Code Section 31-5-21, relating to persons who may obtain inspection warrants and authorization of searches and inspections of property. (5) By striking "as such Code section may be enacted by HB 600 during the 1997 regu lar session of the General Assembly" from the undesignated language following para
graph (3) of subsection (a) of Code Section 31-7-74.3, relating to sale or lease by hospital authority, hearing required, factors to be considered at hearing, applicability, and
requirements for lease. (6) By deleting "and" from the end of subparagraph (b)(l)(B) of Code Section 31-7-403, relating to certification of interest in acquiring entity, certification of financial interest in business associated with party in disposition, statement of fair dealing, and opposing
board members exempt from Code section. (7) By deleting the comma following "copies" in subsection (e) of Code Section
31-10-21, relating to record of marriage licenses. (8) By deleting the comma following "agency" in paragraph (2) of subsection (a) of
Code Section 31-21-44.1, relating to abuse of a dead body.

Reserved.

SECTION 32.

Reserved.

SECTION 33.

SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial rela
tions, is amended as follows: (1) By inserting a comma following the word "firm" in subsection (d) of Code Section 34-1-5, relating to "multiracial" classification required on forms. (2) By striking "pay day" and inserting in lieu thereof "payday" twice in Code Section
34-7-5, relating to redemption of checks or other written evidences of indebtedness for
wages. (3) By inserting a comma following the word "recover" in Code Section 34-7-23, relating
to assumption of risk by employees and requirements for recovery of damages. (4) By striking "Chapter 9 of Title 34" and inserting in lieu thereof "this chapter" in subsection (c) of Code Section 34-9-24, relating to a fraud and compliance unit, creation
and duties, limitation on liability, authority, and whistle blower protection.

WEDNESDAY, FEBRUARY 11, 1998

581

(5) By striking "without this state" and inserting in lieu thereof "outside this state" in Code Section 34-9-106, relating to entry and execution of judgment on settlement agree ment, final order or decision, or award and modification and revocation of orders and decrees. (6) By striking the periods at the end of paragraphs (1) through (3) and inserting in lieu thereof semicolons and by striking the period at the end of paragraph (4) and inserting in lieu thereof "; and" in Code Section 34-9-384, relating to general powers of the board of trustees. (7) By striking "subsections (a) and (b)" and inserting in lieu thereof "subsections (a) and (c)" in subsection (d) of Code Section 34-9-385, relating to bankruptcy of partici pants.

SECTION 35.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows:
(1) By inserting "of the State of Georgia" following "Prosecuting Attorneys' Council" in paragraph (1) of subsection (a) of Code Section 35-6A-3, relating to the Criminal Justice Coordinating Council membership, vacancies, and membership not bar to holding public office. (2) By deleting "and" at the end of subparagraph (B.I) of paragraph (8) and by insert ing "or her" following "his" in paragraph (9) of Code Section 35-8-2, relating to defini tions relative to employment and training of peace officers.

SECTION 36.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows:
(1) By striking "53-5-2" and inserting in lieu thereof "53-5-2 of the 'Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the 'Revised Probate Code of 1998'" in subsection (b) of Code Section 36-61-9, relating to the power of eminent domain for cities and counties. (2) By striking "sold waste" and inserting in lieu thereof "solid waste" in paragraph (2) of subsection (d) of Code Section 36-80-16, relating to the "Local Government Authori ties Registration Act." (3) By striking "assistance to" and inserting in lieu thereof "assistance for" in subpara graph (D) of paragraph (6) of Code Section 36-88-3, relating to definitions relative to the "Enterprise Zone Employment Act."

Reserved.

SECTION 37.

SECTION 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency man
agement, and veterans affairs, is amended as follows: (1) By inserting "of this subparagraph" following "division (ii)" in division (a)(l)(B)(i),
by deleting the quotation marks in division (a)(l)(B)(ii), and by inserting "of this sub section" following "paragraph (2)" in paragraph (1) of subsection (e) of Code Section 38-2-279, relating to rights of public officers and employees absent on military duty as
members of organized militia or reserve forces.

Reserved.

SECTION 39.

SECTION 40.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows:
(1) By repealing and reserving Code Section 40-2-46, relating to license plate to com memorate the 1996 Olympic Games.

Reserved.

SECTION 41.

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Reserved.

SECTION 42.

SECTION 43.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows:
(1) By inserting a comma between "provided" and "further" in Code Section 43-3-37, relating to use of acquired materials in a civil action. (2) By striking "months experience" and inserting in lieu thereof "months' experience" in Code Section 43-10-14, relating to study by persons 16 years of age and older, regis tration of students and apprentices, and registration certificate. (3) By striking "for a term of four years" and inserting in lieu thereof "for terms of four years each" in Code Section 43-34-22, relating to composition of the State Board of Medical Examiners, terms of office, representation of congressional districts, and vacan cies. (4) By striking "division (B)(x)" and inserting in lieu thereof "division (x) of subparagraph (B)" in subparagraph (A) of paragraph (17) and by striking "Title 43" and insert ing in lieu thereof "this title" in division (17)(B)(x) of Code Section 43-47-2, relating to definitions relative to used motor vehicle and used motor vehicle parts dealers.

SECTION 44.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows:
By striking "Code Section 53-4-2," and inserting in lieu thereof "Code Section 53-4-2 of the 'Pre-1998 Probate Code, if applicable, or Code Sections 53-1-7 and 53-2-1 of the 'Revised Probate Code of 1998,'" in subsection (i) of Code Section 44-2-131, relating to declaration of title by descent upon petition and rights of the surviving spouse. (2) By striking "Code Sections 53-8-1 through 53-8-4." and inserting in lieu thereof "Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.'" in division (c)(2)(G)(i) of Code Section 44-3-134, relating to registration of dealers and cemeteries, perpetual care cemetery trust accounts, and preneed escrow accounts. (3) By inserting "of this Code section" following "subsection (c)" in subsection (b) of Code Section 44-14-1, relating to operation of "open-end" clauses and limited to ex contractu obligations between parties.

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employ ees, is amended as follows:
(1) By striking "what is its staff size and composition" and inserting in lieu thereof "what are its staff size and composition" in paragraph (1) of subsection (d) of Code Sec tion 45-12-178, relating to ongoing review by Governor of all programs and functions in state government. (2) By striking "performance and exercise is" and inserting in lieu thereof "performance and exercise are" in subparagraph (E) of paragraph (9) of Code Section 45-16-21, relat ing to definitions relative to death investigations. (3) By codifying subsection (a) of Section 11 of HB 557 (Ga. L. 1997, p. 1421), which reads as follows, as subsection (h) of Code Section 45-16-22, relating to medical examin ers' inquiries and facilities, persons authorized to perform inquiries, payment of fees, jurisdiction, and clerical and secretarial assistance: "(h) Any person holding office as a medical examiner pursuant to an appointment of the state medical examiner on May 1, 1997, shall continue in the exercise of his or her functions and duties until such person's successor has been duly appointed." (4) By codifying subsection (b) of Section 11 of HB 557 (Ga. L. 1997, p. 1421), which reads as follows, as Code Section 45-16-49:

"The fees heretofore authorized to be paid in cases arising under this article prior to May 1, 1997, shall continue to be paid at the rate specified therein until such time as

WEDNESDAY, FEBRUARY 11, 1998

583

the Board of Public Safety promulgates rules prescribing such fees as provided by para
graph (5) of Code Section 35-3-151." (5) By deleting "of this Code section" from subsection (b) of Code Section 45-18-5,
relating to county officers and employees.

SECTION 46.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows:
(1) By striking "for that exchanges" and inserting in lieu thereof "for that exchange" in paragraph (2) of subsection (b) and paragraph (2) of subsection (c) of Code Section 46-2-25.3, relating to toll-free calls within 22 miles of exchange, hearings, and "net gain" defined.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
amended as follows: (1) By adding "of this Code section" following "subsection (c)" in subsection (b), by striking "the effective date of this Act" and inserting in lieu thereof "April 14, 1997,"
in subparagraph (c)(2)(H), and by striking "paragraph (3) of subsection (c) of this Code section" and inserting in lieu thereof "paragraph (3) of this subsection" in subparagraph (c)(3)(I) of Code Section 48-3-19, relating to transfer of executions. (2) By striking "Chapter 5 of Title 53." and inserting in lieu thereof "Chapter 5 of Title 53 of the 'Pre-1998 Probate Code,' if applicable, or Chapter 3 of Title 53 of the 'Revised
Probate Code of 1998.'" in paragraph (2) of subsection (j) of Code Section 48-5-7.2, relating to certification as rehabilitated historic property for purposes of preferential
assessment for ad valorem taxation. (3) By striking "Chapter 5 of Title 53." and inserting in lieu thereof "Chapter 5 of Title 53 of the 'Pre-1998 Probate Code,' if applicable, or Chapter 3 of Title 53 of the 'Revised Probate Code of 1998.'" in paragraph (2) of subsection (j) of Code Section 48-5-7.3,
relating to ad valorem taxation of landmark historic property. (4) By inserting "(c)" preceding the paragraph (1) designation in the unlettered para graph following paragraph (3) of subsection (b) of Code Section 48-5-48.1, relating to tangible personal property inventory exemption, application, and failure to file applica
tion as waiver of exemption. (5) By striking "Chapter 5 of Title 53." and inserting in lieu thereof "Chapter 5 of Title 53 of the 'Pre-1998 Probate Code,' if applicable, or Chapter 3 of Title 53 of the 'Revised
Probate Code of 1998.'" in subsection (b) of Code Section 48-5-76, relating to liens for deferred taxes and interest. (6) By striking "subsection (b) of Code Section 21-2-212" and inserting in lieu thereof "subsection (c) of Code Section 21-2-213" four times in paragraph (2) of subsection (b)
and by striking "Code Section 21-2-212" and inserting in lieu thereof "Code Section 21-2-213" in subsection (d) of Code Section 48-5-183, relating to salaries of tax collectors
and tax commissioners. (7) By inserting "where the owner claims a homestead exemption or, if no such exemp tion is claimed, then in the county" preceding "of the owner's domicile" in the first sen tence of paragraph (1) of subsection (a) of Code Section 48-5-444, relating to the place
of return of motor vehicles and mobile homes. (8) By striking "53-5-11" and inserting in lieu thereof "53-5-11 of the 'Pre-1998 Probate
Code,' if applicable, or Code Section 53-3-11 of the 'Revised Probate Code of 1998'" in paragraph (6) of subsection (a) of Code Section 48-6-2, relating to exemptions from real estate transfer tax. (9) By striking "enterprises's" and inserting in lieu thereof "enterprise's" in subsection
(d) of Code Section 48-7-40.12, relating to tax credit for qualified research expenses. (10) By striking the colon and inserting in lieu thereof a semicolon at the end of subpar agraph (E) of paragraph (57) and by striking "U.S.A; or" and inserting in lieu thereof

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"U.S.A.; or" at the end of paragraph (59) of Code Section 48-8-3, relating to exemptions from the state sales and use tax. (11) By striking "subsections (b) through (f)" and inserting in lieu thereof "subsections (b) through (g)" in subparagraph (A) of paragraph (2) of Code Section 48-17-1, relating to definitions relative to coin operated amusement machines.
SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows:
(1) By striking the period and inserting in lieu thereof a semicolon at the end of subpar agraph (a)(6)(D) and by striking "paragraphs (1) and (2)" and inserting in lieu thereof "items (1) and (2)" in paragraph (1) of subsection (c.l) of Code Section 49-4-146.1, relat ing to unlawful acts, violations and penalties, recovery of excess amounts, and termina tion and reinstatement of providers. (2) By striking "indirectly Medicaid fraud," and inserting in lieu thereof "indirectly, Medicaid fraud" in paragraph (6) of subsection (a) and by striking "property is" and inserting in lieu thereof "property are" in paragraph (6) of subsection (n) of Code Sec tion 49-4-146.3, relating to forfeiture of property and proceeds obtained through Medi caid fraud, fraud forfeiture proceedings, seizure of property subject to forfeiture, lien, inventory, and court orders. (3) By deleting the duplicate entry for the year "1998" in the table at the end of para graph (10) of Code Section 49-4-181, relating to definitions relative to temporary assist ance for needy families. (4) By inserting "Section" following "U.S.C." in paragraph (11) of subsection (b) and by striking "Number" and inserting in lieu thereof "The number" in subparagraph (c)(3)(H) of Code Section 49-4-183, relating to administration of article by Department of Human Resources, promulgation of rules and regulations by board, and duties of department. (5) By striking "accrue or have" and inserting in lieu thereof "accrues or has" in para graph (3) and by inserting "the" preceding the quotation marks in paragraph (5) of sub section (a) of Code Section 49-4-184, relating to eligibility for assistance. (6) By striking "on a full" and inserting in lieu thereof "on a full-time" in paragraph (2) of subsection (c) of Code Section 49-4A-5, relating to transfer of functions and employees of the Division of Youth Services and personnel administration. (7) By striking "this article" and inserting in lieu thereof "this chapter" in paragraph (4) of subsection (a) of Code Section 49-4A-7, relating to powers and duties of the Department of Juvenile Justice. (8) By inserting a comma following "Act" in subsection (e) of Code Section 49-5-183.1, relating to notice to alleged child abuser of classification, hearing, order, appeal, trans mission of name of alleged abuser or decision on abuser's status to division, and children under 14 years of age not required to testify.

SECTION 50.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows:
(1) By striking "cost effective" and inserting in lieu thereof "cost-effective" in subsec tion (a) of Code Section 50-5-32, relating to administrative space utilization manage ment, leased space included, rental charges, and contract obligations not impaired. (2) By striking "Code Section 50-7-51" and inserting in lieu thereof "this Code section" in subsection (d) of Code Section 50-7-51, relating to authority and duties of the Depart ment of Industry, Trade, and Tourism and local government, purposes of local govern ment, and lease of property. (3) By striking "transactions. Nor" and inserting in lieu thereof "transactions; nor" in subsection (b) of Code Section 50-8-61, relating to prohibited employment of employee of a center or nonprofit corporation and penalties.
(4) By inserting "Section" following "U.S.C.A." each time it appears and by adding a comma following "1601" in subsection (d) of Code Section 50-8-93, relating to review of

WEDNESDAY, FEBRUARY 11, 1998

585

area plans, designation as official planning agency, and responsibility to carry out assigned or delegated planning functions for an area. (5) By inserting "of this Code section" following "subsection (h)" in subsection (c) and the introductory language of subsection (d) and by striking "Act" and inserting in lieu thereof "Code section" and by inserting a comma twice following "address" in subsection (i) of Code Section 50-13-9.1, relating to variances or waivers to rules. (6) By codifying the following language of Section 2 of SB 119 (Ga. L. 1997, p. 1525) as Code Section 50-17-50.1:

"No member of the State Depository Board shall vote to name and appoint as state depositories of state funds any bank, trust company, building and loan association, fed eral savings and loan association, or the Georgia Credit Union Deposit Corporation in which the member is a stockholder, board member, or owner." (7) By striking "disclosure. Provided, further," and inserting in lieu thereof "disclosure; provided, however," in subsection (a) and by inserting "of this Code section" following "subsection (a)" in subsection (b) of Code Section 50-18-70, relating to inspection of public records, printing of computerized indexes of county real estate deed records, and time for determination of whether requested records are subject to access. (8) By inserting "an" between "means" and "officer" in paragraph (7) of Code Section 50-21-22, relating to definitions relative to state tort claims. (9) By striking "act" and inserting in lieu thereof "article" in Code Section 50-21-24.1, relating to workers' compensation exclusive remedy not waived and workers' compensa tion fund to pay claims. (10) By striking "Chapter 13 of Title 50" and inserting in lieu thereof "Chapter 13 of this title" in subsection (c) of Code Section 50-21-26, relating to notice of claim against state, tune for commencement of action, copying and examination of records of state government entities to facilitate investigation of claims, and confidential nature of docu ments and information furnished. (11) By striking "it may deem" and inserting in lieu thereof "the director may deem" in paragraph (8) of subsection (c) of Code Section 50-30-5, relating to board of directors, director of institute, compensation and expenses, and powers and duties of the director.

Reserved.

SECTION 61.

Reserved.

SECTION 52.

Reserved.

SECTION 53.

SECTION 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 1997 supplements to the Official Code of Georgia Annotated published under authority of the state in 1997 by the Michie Com pany, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research refer ences; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Anno tated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amend ment, or other similar notes within the text of a Code section by the editorial staff of the

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publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provi sions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assem bly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publi cation date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 1998 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.
SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 56. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Andereon YAshe Y Bailey
Bannister YBarfoot YBaraard Y Banes Y Bates Y Benefield YBirdaong
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd E Campbell Y Canty YCash Y Channel! YChilders Y Clark YCoan Y Coleman, B
Coleman, T Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B
Y DeLoach, G YDix YDiion
Dobbs Y Dukes
Ehrhart YEpps Y Evans YEverett N Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard
Hecht Heckstall Y Hegstrom Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James
Y Jamieson YJenkins Y Johnson
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
YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak Y Ponder
Porter Y Powell YPurceU YRagas YRandaU YRay Y Reaves Y Reichert YRice Y Richardson
Roberta Y Rogers Y Royal Y Sanders
Y Sauder YScarlett
Y Scheid Y Scott Y Shanahan YShaw YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith,?
Smith, T Y Smith, V
YSmyre YSnelling
YSnow Y StaUings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTUlman Y Titus YTolbert YTrense YTumquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmorland
Whitaker
Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

WEDNESDAY, FEBRUARY 11, 1998

587

HB 1229.

By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Teper of the 61st, Tolbert of the 25th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

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

Y Alien
Y Andenon YAshe Y Bailey Y Bannister
YBarfoot Y Barnard YBames Y Bates Y Benefield YBiidMng
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn Y Burkhalter YByrd E Campbell Y Canty
Cash Channell Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Connell Y Cooper Y Crawford YCrewn

Y Culbreth Y CununingB YDavis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDfat YDixon
YDobbs Y Dukes
Ehrhart
YEpps Y Evans YEverett
Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgena Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins
Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis
YLord Lucas
YMaddox YMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills
Y Mobley Y Mosley YMueller YCVNeal YOrrock YParbam

YParrish Y Parsons YPelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves YReichert
YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrill
YShipp YSims YSinkfield 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 YSnelling YSnow Y Stalling! YStancU,F Y Stancil, S
Stanley, L Stanley, P Y Stephens YTaylor YTeague Y Teper Y Thomas YTilhnan
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland
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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1288.

By Representatives Hecht of the 97th, Martin of the 47th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for appointment of counsel or a court appointed special advocate as guardian ad litem for a minor in deprivation cases.

The following Committee substitute was read and adopted:

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 provide for appointment of counsel or

588

JOURNAL OF THE HOUSE,

a court appointed special advocate as guardian ad litem for a minor in deprivation cases; to provide a definition; to provide an effective date and for applicability; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile pro ceedings and parental rights, is amended by striking in its entirety Code Section 15-11-55, relating to appointment of a guardian ad litem, and inserting in its place the following:
"15-11-55. (a) As used in this Code section, the term 'court appointed special advocate' means a volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures and has been appointed as a guardian ad litem by the court in a deprivation case. (b) The court at any stage of a proceeding under this article, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if fee the child has no parent, guardian, or custodian appearing on his the child's behalf or if thew the interests of the parent, guardian, or custodian appearing on the child's behalf conflict with his the child's interests or in any other case in which the interests of the child require a guardian. A party to the proceeding or his the employee or representative of a party to the proceeding shall not be appointed. In depri vation cases, an attorney or court appointed special advocate, or both, may be appointed as the child's guardian ad litem."
SECTION 2. This Act shall become effective on July 1, 1998, and shall be applicable to cases filed on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndereon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong
Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd E Campbell Y Canty 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 Y DeLoach, G YDix
Dixon YDobbs Y Dukes
Ehrhart 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 Heckntall Y Hegstrom
Henson Y Holland Y Holmes Y Houston 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
Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak Y Ponder
Y Porter YPowell YPurcell
YRagas Randall
YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan

WEDNESDAY, FEBRUARY 11, 1998

589

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 Y Smyre Y SneUing YSnow YStallings Y Stancil, F

Y Stancil, S Stanley, L Stanley, P
Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman

Y Titus Y Tolbert Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1288 was ordered immediately transmitted to the Senate.

HR 998. By Representatives Irvin of the 45th, Walker of the 141st, Evans of the 28th, Byrd of the 170th and Lee of the 94th:
A resolution creating the Commission on the 250th Anniversary of a Repre sentative Assembly in Georgia.

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

Y Alien Y Anderson
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
YBirdnong Bonannon
Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Burkhalter YByrd E Campbell Y Canty YCash YChannell 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 Y DeLoach, B
Y DeLoach, G YOU Y Diion YDobbs Y Dukes
Ehrhart 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 YHeckstall Y Hegstrom YHenson Y Holland
Holmes Y Houston 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
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 YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag
Polak Y Ponder Y Porter Y Powell Y Purcell YRagas
Randall
YRay Y Reaves Y Reichert YRice
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 SneUing YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L
Stanley, P Y Stephens Y Taylor NTeague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B
Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

590

JOURNAL OF THE HOUSE,

HR 825. By Representative Powell of the 23rd: A resolution authorizing the conveyance of certain state owned real property located in Franklin 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 Andersen YAshe Y Bailey
Bannister
YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong
Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkbalter YByrd E Campbell
Y Canty 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 Y DeLoach, G
YDix YDbron YDobbs
Dukes Ehrbart
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
Hobnes Y Houston 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
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Y Maddoi 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 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 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 YSnelling
YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTilbnan Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker 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 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 330

The Committee of Conference on HB 330 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 330 be adopted.

WEDNESDAY, FEBRUARY 11, 1998

591

FOR THE SENATE:
/s/ Eddie M. Madden Senator, 47th District
/s/ Thomas E. Price Senator, 56th District
/s/ Clay Land Senator, 16th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
M Bobby E. Parham Representative, 122nd District
/s/ Larry Parrish Representative, 144th District
M David Baugh Graves Representative, 125th District

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 enforce ment and for rules and regulations; to provide for members and their qualifications, com pensation, 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 the Georgia Drugs and Narcotics Agency and the administrative assignment, director, employ ees, duties, powers, and compensation thereof; to provide for notice and hearings; to pro vide for certain duties of sheriffs and prosecutors; to provide for legislative construction; to prohibit certain unlicensed practices; to require the licensing of pharmacists and phar macy 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 pharmacy assistants and externs; to pro vide for continuing education; to provide for drug researcher permits; to provide for sanc tions against license applicants and holders and penalties therefor; to prohibit the practice of pharmacy without a license and provide penalties therefor; to provide for fees; to pro vide 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 pro hibit 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 per sons from engaging in certain transactions involving drugs; to provide for sanctions and penalties regarding pharmacy licenses and unlicensed practice; to provide for special phar macy permits; to provide for the registration and reports 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 injunctions; to provide for dispensing drugs and other actions relating to drugs by prac titioners 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 pro gram requirements, claims, administrators, and liability for use of cards for cancelled pro grams; 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.

592

JOURNAL OF THE HOUSE,

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 regu lation 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, treat ment, 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 pre scription 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.
26-4-5.
As used in this chapter the term: (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) '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. (5) 'Confidential information' means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counsel ing which is privileged and may be released only to the patient or, as the patient

WEDNESDAY, FEBRUARY 11, 1998

593

directs, to those practitioners and other pharmacists where, in the pharmacist's profes sional 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. (6) 'Controlled substance' means a drug, substance, or immediate precursor in Sched ules 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. (7) 'Dangerous drug' means any drug, substance, medicine, or medication as defined in Code Section 16-13-71. (8) '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. (9) 'Device' means an instrument, apparatus, contrivance, 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.' (10) '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 administra
tion to, or use by, a patient. (11) 'Distribute' means the delivery of a drug or device other than by administering
or dispensing. (12) '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 pre
vention 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 but does not include devices.
(13) '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 analy sis, 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. (14) 'Drug regimen review' includes but is not limited to the following activities:
(A) Evaluation of any prescription drug order and patient record for:
(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 utiliza
tion, including overutilization or underutilization, and optimum therapeutic outcomes.
(15) 'Emergency service provider' means licensed ambulance services, first responder services or neonatal services, or any combination thereof; (16) 'Extern' or 'pharmacy extern' means an individual who is a student currently
enrolled in an approved school or college of pharmacy and who has been assigned by

594

JOURNAL OF THE HOUSE,

the school or college of pharmacy to a licensed pharmacy for the purposes of obtaining practical experience and completing a degree in pharmacy. For the purposes of this chapter, a pharmacy extern may engage in any activity or perform any function which a pharmacy intern may perform under the direct supervision of a licensed pharmacist. (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, offi cially cited as Public Document 717, 75th Congress (Chapter 675-3rd Seas.) 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 Cos metic Act, as amended. (18.1) 'Institution' means any licensed hospital, nursing home, personal care home, hospice, health clinic, or prison clinic. (19) 'Intern' or 'pharmacy intern' means an individual who is:
(A) A student who is currently enrolled in an approved school or college of phar macy, has registered with the board, and has been licensed as a pharmacy intern; (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 require ment 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) certifi cate 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 sub stances 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. Manufac turing 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 informa tion, 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.
(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 necessar ily 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.

WEDNESDAY, FEBRUARY 11, 1998

595

(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, dis playing, 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 counsel ing 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 connec tion 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 partic ipates 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 follow ing 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 veteri narian'; 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 prac titioners only; or a controlled substance, as defined in paragraph (7) of this Code sec tion or a dangerous drug as defined in paragraph (8) of this Code section. (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. (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; inde pendent wholesale drug traders; and retail and hospital pharmacies that conduct wholesale distributions.
ARTICLE 2
26-4-20.

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(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 appoint ment:
(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; (4) Have five years of experience in the practice of pharmacy in this state after licensure; and (5) Not be officially employed as a full-time faculty member by any school or college of pharmacy. (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 sub scribe 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 26-4-21 and one additional member possessing the quali fications specified in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor for a term of five years or until their successors are appointed and quali fied. 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 nomi nated by such licensed pharmacists as may be present three practicing registered phar macists who shall meet the qualifications imposed by subsection (a) of Code Section 26-4-21 to fill the next vacancy occurring on the board, except a vacancy in the con sumer 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 phar macists 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 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.
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

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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 regu lar 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-pres ident 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 pre scribed by Chapter 1 of Title 43 and shall perform such other duties as may be pre scribed 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 have the power, duty, and authority 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; (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;

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(10) The establishment of minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, com pounding and dispensing of such drugs or devices utilized within the practice of phar macy; (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; (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; (16) The investigation of alleged violations of this chapter or any other law in this state pertaining to, or in connection with, persons or firms licensed by the board or otherwise authorized by the laws of this state to manufacture, sell, distribute, dis pense, or possess drugs, medicines, poisons, cosmetics, or devices, as related to misbranded or counterfeit drugs, or any rules and regulations promulgated by the board under this chapter; the conducting of investigative interviews or full board hearings, with or without the necessity of utilizing the Office of State Administrative Hearings, in respect thereto when in its discretion it appears to be necessary; and the bringing of such violations to the notice of the Attorney General;
(17) The listing at any time upon either a list under Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act,' or upon a schedule under Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' of any drug found to be potentially dangerous to public safety if dispensed without prescription; and
(18) The expunging of the pharmacy related practice record of any pharmacist whose record consists of a sole sanction resulting from alcohol impairment and whose phar macy related practice record during a five-year time period dating from the time of the sanction has incurred no additional charges or infractions.
(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 wit nesses and the production of any book, writing, or document upon the issuance of a sub poena 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) 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 oth erwise 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 Proce dure Act,' have expired, or an appeal filed pursuant to such Act has been determined.

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The court involved in an appeal Hied pursuant to such Act may order the board, dur ing the pendency of the appeal, to sell sealed drugs that are perishable. The proceeds of such a sale shall be deposited with that court; (3) 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';
(4) 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; and
(5) 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 recov ered 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 part ner 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 enforce
ment 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 agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined
under Code Section 45-12-7; provided, however, that the agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3, to the office of the Sec retary of State. The Georgia Drugs and Narcotics Agency is authorized by this Code sec
tion to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and wel
fare of the citizens of this state. Such personnel shall 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 estab lishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toi
let articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or
otherwise held for introduction into commerce;

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(2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cos metics, or any of the articles listed in paragraph (1) of this subsection; (3) Investigate alleged violations of laws and regulations regarding drugs, devices, cos metics, or any of the articles listed in paragraph (1) of this subsection;
(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 Stan
dards 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 after accumulating 25 years of service in the agency, as a result of a disability arising in the line of duty, or pursuant to approval by the State Board of Pharmacy, 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 com
piling 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 reason able or at no cost, such number of copies of the 'Dangerous Drug List' and 'Georgia

WEDNESDAY, FEBRUARY 11, 1998

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Controlled Substances Act' to law enforcement officials, school officials, parents, and other interested citizens as are required.
26-4-30.
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 dis pense 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 made available 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.

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(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 (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) Complete and file a form applying for licensure with the board, which form shall include the applicant's name, address, and other such information as prescribed by the board, and, after an investigation by agents acting on behalf of the board, if so requested by the board, produce evidence satisfactory to the board which shows the applicant has the age, moral character, background, education, and experience demanded of applicants for registration by examination under this chapter and by the rules and regulations promulgated under this chapter; (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 educa tion 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 appli cant 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 gradu ate applicant shall obtain the National Association of Boards of Pharmacy Foreign Phar macy Graduate Examination Committee's certification which shall include, but not be limited to, successfully passing the Foreign Pharmacy Graduate Equivalency Examina tion 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 appli cant 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 presi dent of the board if an applicant produces satisfactory evidence of fulfilling the require ments for licensure under this article, except the examination requirement, and evidence

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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 fol lowing 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 con tinue 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. Notice of any change of employment or change of business address shall be filed with the joint-secretary within ten days after such change. If the board finds that the applicant has been licensed and that such license has 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 regula tions 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 pharma cist 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 per sons 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 ful filled 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 sec tion, 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 phar macy; (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

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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 autho rized 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 intern ship 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. (b) Any license issued pursuant to Code Section 26-4-46 shall expire at the time a phar macy 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 pend ing 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, dis tributor, supplier, or practitioner shall biennially register with the state board of phar macy 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 fur nished 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, depart ment, 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 uti lized for purposes granted by this permit. All records must be maintained for a mini mum 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 joint-secretary 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.

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(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 prac ticing in a duly licensed pharmacy shall not engage in the sale, distribution, or dispens ing 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.
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 phar macy 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 per sons 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 pur suant to prescription; (11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; however, this provi sion shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to an institution; (12) Unless otherwise authorized by law, dispensing or causing to be dispensed a dif ferent drug or brand of drug in place of the drug or brand of drug ordered or pre scribed without the prior authorization of the practitioner ordering or prescribing the same; (13) Violating or attempting to violate a statute, law, any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, rule, or regulation relates to or in part regulates the practice of pharmacy, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violating either a public or confidential lawful

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order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; or (14) Having his or her license to practice pharmacy revoked, suspended, or annulled by any lawful licensing authority of this or any other state, having disciplinary action taken against him or her by any lawful licensing authority of this or any other state, or being denied a license by any lawful licensing authority of this or any other state. (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 reinstate ment 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 investi gation 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 suffi ciently 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 Chap ter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (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 pharma cists from providing or distributing health or drug product information or materials to patients which is intended to improve the health care of patients. (i) The board shall have the power to suspend any license issued under this article when such holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3. The board shall also have the power to deny the application for issuance or renewal of a license under this part when such applicant is not in compliance with a court order for child support as provided in either of such Code sections. The hearings and appeals procedures provided for in such Code sections shall be the only such procedures required to suspend or deny any license issued under this article. (j) Nothing in this chapter shall prohibit any person from assisting any duly licensed pharmacist or practitioner in the measuring of quantities of medication and the typing of labels therefor, but excluding the dispensing, compounding, or mixing of drugs, pro vided that such duly licensed pharmacist or practitioner shall be physically present in the dispensing area and actually observing the actions of such person in doing such mea suring and typing, and provided, further, that no prescription shall be given to the per son requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner.
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,

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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.
26-4-62.
Except as otherwise provided in this chapter or in Chapter 13 of Title 16, any violation of this chapter shall constitute a misdemeanor.
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 or pharmacy intern in written form, orally, via facsimile, or electronically as set forth in this chapter or as set forth in regulations promulgated by the board. Provisions for accepting a prescription drug order for a schedule II controlled substance are set forth in subsection (1) of this Code section. Prescriptions transmitted either electronically or via facsimile shall meet the following requirements:
(1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioner's agent 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 and address 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; (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 phar macist 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 prescrip tion 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 pharma cist, 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.

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(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 authoriza tion contained on the original prescription or when no refills are authorized on the origi nal 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 schedule III, IV, or V 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, which ever occurs first. Authorization for any additional refill of a schedule III, IV, or V con trolled 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 phar macist 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 prac titioner, 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 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 up to a 72 hour supply of a pre scribed 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 rea sonably produce undesirable health consequences or may cause physical or mental dis comfort;
(3) The dispensing pharmacist notifies the practitioner or his or her agent of the dis pensing within seven working days after the prescription is refilled pursuant to this subsection;
(4) The pharmacist properly records the dispensing as a separate nonrefillable pre scription. 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 on the new document the circumstances which warrant such dispensing; and
(6) The pharmacist does not employ this provision regularly for the same patient on the same medication.

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(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 fol lows:
(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, appropri ate; 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. Identifica tion 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. (1) A schedule II controlled substance prescription in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the schedule II controlled substance may be dispensed by such pharmacist. Other schedule II controlled substance prescription forms may be accepted by a pharmacist and the schedule II controlled sub stance may be dispensed by such pharmacist in accordance with regulations promulgated by the board.
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 pre scribed 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 phar macist 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 pro fessional opinion, both therapeutically equivalent and pharmaceutically equivalent. (d) Whenever a substitution is made, the pharmacist shall record on the original pre scription 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 inspec tion 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 sec tion 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. (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 neces sary' 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. (h) The substitution of any drug by a registered pharmacist pursuant to this Code sec tion does not constitute the practice of medicine.
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 func tions which require professional judgment.

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(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 supervi sion 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 prescrip tion orders or provides information in any manner relative to prescriptions or prescrip tion 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 responsi bility of the pharmacist to review all appropriate information and make the determi nation 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 activi ties 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. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the phar macist in charge of a specific hospital pharmacy in this state. (e) In addition to the utilization of pharmacy technicians, a pharmacist may be assisted by and directly supervise one pharmacy intern and one pharmacy extern.
26-4-83.
(a) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section and rules and regulations established by the board upon the failure to maintain an appropriate patient record system. (b) 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. (c) 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, includ ing 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: (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, includ ing any other information peculiar to the specific patient or drug.

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(d) 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) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section upon the failure to review patient records and prescription drug orders. (b) A pharmacist shall review the patient record and each prescription drug order pre sented 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, dosage form, or duration of drug therapy; (6) Drug-allergy interactions; and (7) Clinical abuse or misuse. (c) 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 con sultation with the prescribing practitioner.
26-4-85.
(a) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section upon the failure to offer to counsel patients. (b) Upon receipt of a prescription drug order and following a review of the patient's record, the pharmacist or the pharmacy intern operating under the direct supervision of 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 ele ments 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, includ ing any other information peculiar to the specific patient or drug. (c) Additional forms of patient information may be used to supplement verbal patient counseling when appropriate or available. (d) 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

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accordance with Code Section 43-34-26.1 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section. (e) 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 phar macists and pharmacies licensed in this state.
26-4-87.
The board shall promulgate rules and regulations governing the appropriate and proper storage and handling of controlled substances and dangerous drugs as defined in Chap ter 13 of Title 16 which are consistent with those standards established by the United States Pharmacopeia! Convention.
26-4-88.
(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, com pounding their own prescriptions, or 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 prac titioner 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 profes sional judgment of a pharmacist, or pharmacy intern under the supervision of a pharma cist, 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 pharma cist; and (7) Provision of drug information that has not been prepared or approved by the pharmacist.
26-4-89.
Any person who shall sells or dispenses drugs by the use of vending machines shall be guilty of a misdemeanor.
26-4-90.
Nothing in this chapter shall be interpreted to prohibit a pharmacist or pharmacy from being remunerated for professional pharmacy care services.
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 bienni ally renew their license with the board. Where operations are conducted at more than one location, each such location shall be licensed by the board.

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(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.
(c)(l) 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 cri teria which each person must meet to qualify for licensure as a pharmacy in each clas sification. The board may issue licenses with varying restrictions to such persons where the board deems it necessary. (2) All applications for a new license shall be accompanied by a fee. Upon the filing of an application for a license, the board may cause a thorough investigation of the applicant to be made, and, if satisfied that the applicant possesses the necessary quali fications and that the pharmacy will be conducted in accordance with law, shall issue a license. (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, part nership, 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, has submitted a written request to the board and received a waiver from this subsection, or meets the provisions of any rule or regulation regarding use of such titles and promulgated by the board. (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 pre scription 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 phar macist 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 pharma cist 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 mainte nance 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 oth erwise 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,' 'apothe cary,' 'pharmacy,' or other such terms shall be restricted to the prescription department area licensed as a pharmacy by the board.
26-4-111.

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(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 tunes, 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 trans ferable or assignable. (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, man ufacture, 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. 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 fed eral 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, wholesale distributor, or a reverse drug distributor to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplin ary action the board may take under this chapter. Each such violation shall also consti tute a misdemeanor. (c) The board may suspend, revoke, deny, or refuse to renew the pharmacy license of, reprimand, issue a letter of concern to, or fine any person licensed under this article 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 connec tion with drug or device manufacturing or distribution; (4) Suspension or revocation by the federal or state government of any license cur rently 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;

WEDNESDAY, FEBRUARY 11, 1998

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(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 phar macy in this state may apply to the board for a special pharmacy permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educa tional or research purposes. The application shall include the name of a registered phar macist 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 hi 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 regis trant 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) Submit reports, upon request from the Georgia Drugs and Narcotics Agency, to account for all transactions with licensed persons or firms located within this state; such reportable transactions shall include all dangerous drugs and controlled sub stances as defined in Chapter 13 of Title 16. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency; and (2) Automatically submit reports of any excessive purchases of controlled substances by licensed persons or firms located within this state using the federal Drug Enforce ment Administration guidelines to define 'excessive purchases' as set forth under the

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provisions of 21 C.F.R. Sec. 1301. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency. (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 whole saler, 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 imprison ment 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 return ing to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a fel ony 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 sec tion. (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 pro vider 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 acqui sition 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 accu racy 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 phar macy 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 poli cies 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 imple mented; 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.
26-4-117. (a) It shall be the duty of the prosecuting attorney of the court of competent jurisdic tion to whom the board or some other person shall report a violation of this chapter to

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cause appropriate proceedings to be commenced and prosecuted for the enforcement of the penalties as in such case may be provided. (b) The board, or any person, corporation, or association, in addition to the remedies set forth in this chapter, may bring an action in a court having competent jurisdiction over the parties and subject matter to enjoin violations of this chapter. Such injunction may issue notwithstanding the existence of an adequate remedy at law.
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 pre scriptions 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 practi tioner 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 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 dis pensed and the address where all records pertaining to such drugs shall be main tained. (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 determin ing 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 appeal from any such examination that any such specimens are adulterated or misbranded within the

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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 adulter ated 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 pharmaceutical, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceuticals to the pub lic. 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 adminis ters a program, is legally liable for any payments to a participating pharmacy under a program, or both. (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 con sumers, other than enrollees, for the same or similar pharmaceuticals during such period of tune, 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 par ticipants 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 enroUee 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 adminis trator, person, corporation, or business entity shall offer, operate, or administer a pro gram in this state unless that program has been submitted to the Commissioner, in a

WEDNESDAY, FEBRUARY 11, 1998

619

manner provided by the Commissioner, and is approved by the Commissioner as com plying 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 Commis sioner 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 require ments 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 sus pended 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 Commis sioner shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Geor gia Administrative Procedure Act.'
26-4-144. (a) A program offered in this state and not exempt under subsection (b) of Code Sec tion 26-4-143 shall provide all of the following:
(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 can cellation 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 pro gram 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

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shall submit details of the audit to that participating pharmacy, and any dispute relat ing 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 dis pute resolution procedure; and (11) A dispute resolution procedure for disputes between the program or administra tor 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 administra tion of that program except in conformity with those requirements shall constitute a vio lation of this Code section by the administrator of that program.
26-4-145. A participating pharmacy shall not submit claims for payment for pharmaceutical 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 Com missioner 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 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, how ever, 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 Commis sioner 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 rev ocation 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 cancel lation, 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 arti cle 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.

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(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 with out 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; and (2) Schedule 'B.' Aconite, belladonna, colchicum, conium, mix vomica, henbane, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chlo ral hydrate, sulfate of zinc, mineral acids, carbolic acid, and oxalic acid.
26-4-161. No licensed 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, stat ing 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.

Representative Parham of the 122nd moved that the House adopt the report of the Committee of Conference on HB 330.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andereon YAshe

Bailey Y Bannister YBarfoot

Y Barnard Y Barnes Y Bates

Y Benefield Y Birdsong
Bohannon

Y Bordeaux Y Bradford
Breedlove

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JOURNAL OF THE HOUSE,

Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter
YByid E Campbell
Y Canty YCtuh YChannell YChilders Y Clark YCoan YColeman, B YColeman, T
Connell
Y Cooper Y Crawford Y Crews YCulbrath
Y Cunnings YDavis,G YDavis, M
YDay YDeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes
Ehrhart

YEpps Y Evans YEverett
Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall
Y Hegstrom YHenson
Y Holland Holmes
Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N
Hugiey Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston

Y Jones Joyce
YKaye YLadd YLakly YLane YLee YLewis YLord
Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L
YMasoey YMcBee YMcCall YMcClinton
McKinney Y Mills
Y Mobley YMosley YMueller YOUeal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag

YPolak Y Ponder Y Porter YPowell YPurcell YRagas
YRandall YRay Y Reaves YReichert YRice Y Richardson
Y Roberts Y Rogers
Royal
Y Sanders Y Sauder YScarlett YScheid YScott
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

On the motion, the ayes were 162, nays 0. The motion prevailed.

Y Smith, V YSmyre Y Snelling YSnow YStallings YStancil, F Y Stances
Stanley, L Stanley, P Y Stephens Taylor YTeague YTeper Y Thomas Y Tilhnan Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker YWUes YWuUams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

Representative Taylor of the 134th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 531 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 has instructed me to report the same back to the House with the follow ing recommendations:

WEDNESDAY, FEBRUARY 11, 1998

623

HB 1408 Do Pass, as Amended HB 1491 Do Pass, by Substitute HB 1565 Do Pass

Respectfully submitted, M Childers of the 13th
Chairman

Representative Smith of the 109th 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 1140 Do Pass, by Substitute HB 1373 Do Pass, as Amended
Respectfully submitted, /s/ Smith of the 109th
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 Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1160 Do Pass, by Substitute
Respectfully submitted, /s/ Hudson of the 156th
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 758 Do Pass, by Substitute HR 874 Do Pass

SB 19 Do Pass, by Substitute SB 486 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:

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JOURNAL OF THE HOUSE,

Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1584 Do Pass, as Amended HB 410 Do Pass, by Substitute SB 421 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following 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 1251 Do Pass HB 1254 Do Pass HR 742 Do Pass
HR 935 Do Pass, by Substitute HR 958 Do Pass

SB 409 Do Pass SR 481 Do Pass SR 489 Do Pass, by Substitute
SR 493 Do Pass, by Substitute

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

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

THURSDAY, FEBRUARY 12, 1998

625

Representative Hall, Atlanta, Georgia Thursday, February 12, 1998

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 Bannister Barfoot Barnard
Barnes Bates Birdsong
Bohannon
Bordeaux
Bradford
Breedlove
Bridges
Brooks Brown
Buck
Buckner
Bunn
Burkhalter
Byrd Campbell Cash Cbannell Childers Clark Coan Coleman, B
Connell
Cooper

Crawford Crews Culbreth Cummings Davis, G Davig, M DeLoach, B DeLoach, G EDii Dixon Dobbs Dukes Ehrhart Evans Everett Felton Floyd
Franklin
Golden
Graves
Greene Grindley Hammontree Harbin Heard
Hecht
Hegstrom
Holland
Houston Hudgens

Hudson, H Hudson, N Hugley Irvin Jackson James Jamieson Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lord Mann Manning Martin, J.L Massey McBee McClinton McKinney Mills Mobley Mosley Mueller
O'Neal EParham

Parsons Pelote Pinholster Poag Ponder Porter Purcell Ragas Randall Kay Reaves Reichert Rice Richardson Rogers Royal Sanders Sauder Scarlett Scheid
Shaw Sherrill Shipp Sims Skipper Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil, F Stancil, S Stephens Taylor Teague Teper Thomas Tilhnan Titus Tolbert Trense Turnquest Twiggs Watson West Westmoreland Whi taker Wiles Williams, B Williams. R Worthan Yates Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Henson of the 65th was not recorded on the attendance roll call. She wished to be recorded as being present.

The following members were off the floor of the House when the roll was called:
Representatives Scott of the 165th, Lewis of the 14th, Canty of the 52nd, Epps of the 131st, Polak of the 67th, Maddox of the 72nd, Jones of the 71st, Ashe of the 46th, Parrish of the 144th, Hanner of the 159th, Howard of the 118th, Coleman of the 142nd, McCall of the 90th, Roberts of the 162nd, Heckstall of the 55th, Sinkfield of the 57th, Martin of the 47th, Lucas of the 124th, Smyre of the 136th, Orrock of the 56th, Day of the 153rd and Snow of the 2nd.
They wish to be recorded as present.

Prayer was offred by the Reverend Felix Haynes, Jr., Pastor, First Baptist Church, Jesup, 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.

626

JOURNAL OF THE HOUSE,

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

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

HB 1633. By Representatives McCall of the 90th, Hanner of the 159th, Lane of the 146th, Powell of the 23rd, Floyd of the 138th and others:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Anno tated, relating to fish, so as to provide limited liability for owners and opera tors of fishing locations under certain circumstances.
Referred to the Committee on Game, Fish & Parks.

HB 1634. By Representatives Polak of the 67th, Henson of the 65th, Teper of the 61st, Maddox of the 72nd, Mobley of the 69th and others:
A bill to repeal an Act creating the Avondale Estates Development Author ity; to abolish the Avondale Estates Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1635.

By Representative Jamieson of the 22nd:
A bill to amend Chapter 44 of Title 36 of the Official Code of Georgia Anno tated, the "Redevelopment Powers Law," so as to change certain definitions; to specify applicability with respect to consolidated governments; to change certain requirements and procedures regarding redevelopment plan proposals.

February 11, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1635. This notice is made prior to or upon reading the bill the first time.
1st Jeanette Jamieson Representative 22nd District
Referred to the Committee on State Planning & Community Affairs.

HB 1636. By Representative Barnard of the 154th:
A bill to amend an Act providing for the election of members of the Board of Education of Tattnall County, so as to provide for nonpartisan election of the chairperson and the members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 12, 1998

627

HB 1637. By Representative Burkhalter of the 41st:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and num ber of members of the library board of trustees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1638. By Representatives James of the 140th, Bailey of the 93rd, Jackson of the 112th, Tillman of the 173rd and Lucas of the 124th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that the Department of Agriculture shall estab lish animal control and prevention of cruelty to animals programs and educa tional and promotional activities in support thereof to enhance and support dog and cat sterilization programs and programs to prevent cruelty to ani mals throughout the state.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1639. By Representatives Cooper of the 31st, Shipp of the 38th, Barnes of the 33rd, Mobley of the 69th, Canty of the 52nd and others:
A bill to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to change a definition; to change the penalties for stalking and aggravated stalking; to provide for psy chological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking.
Referred to the Committee on Special Judiciary.

HB 1640. By Representatives Lane of the 146th, Dobbs of the 92nd, Hanner of the 159th, Shaw of the 176th, Barfoot of the 155th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to licenses, permits, and stamps generally, so as to provide for the creation of a lifetime sportsman's license; to set fees for such a license; to establish eligibility criteria; to provide for penalties for fraudulent acquisi tion of such a license; to establish the Wildlife Endowment Fund.
Referred to the Committee on Game, Fish & Parks.

HB 1641. By Representative Barnes of the 33rd:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Anno tated, relating to liability of voluntary health care providers and sponsoring organizations, so as to provide for an exemption from liability under certain circumstances for chiropractors who provide voluntary health care services.
Referred to the Committee on Judiciary.

HB 1642. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-1-9.2 of the Official Code of Georgia Anno tated, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge.
Referred to the Committee on Judiciary.

628

JOURNAL OF THE HOUSE,

HB 1643. By Representatives Orrock of the 56th, Martin of the 47th, Buckner of the 95th, Barnes of the 33rd, Graves of the 125th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for legis lative findings; to require health insurers to provide coverage for any pre scription drug or device approved for use as a contraceptive.
Referred to the Committee on Insurance.

HR 1051. By Representatives Day of the 153rd, Mueller of the 152nd, Thomas of the 148th and Stephens of the 150th:
A resolution authorizing the granting of an easement for operation and main tenance of a food service operation upon certain limiting conditions during the balance of the term of that certain leasehold and any renewals thereof held by Bull River Yacht Club Marina in, on, over, under, and upon a cer tain tract of property owned by the State of Georgia in Chatham County.
Referred to the Committee on State Institutions & Property.

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

HB 1659.

By Representatives Scarlett of the 174th, Tolbert of the 25th and Manning of the 32nd:
A bill to amend Article 6 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to feticide, so as to define the offense of second degree feticide.

February 12, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1659. This notice is made prior to or upon reading the bill the first time.
/s/ Stephen G. Scarlett Representative 174th District
Referred to the Committee on Special Judiciary.

HB 1660. By Representative Buck of the 135th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide for additional deductions with respect to certain bad credit card debts.
Referred to the Committee on Ways & Means.

HB 1662. By Representative Martin of the 47th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to repeal certain provisions relating to unearned premium reserve funds for title insurance; 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 Judiciary.

THURSDAY, FEBRUARY 12, 1998

629

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

HB 1618 HB 1619 HB 1620 HB 1621 HB 1622 HHBB 11662234
HB 1625
HB 1626
HB 1628
HB 1629
HB 1630

HB 1631 HB 1632 HR 1034 HR 1035 SB 446 TM on c/wj
a 5"
SB 583
SB 584
SR 529
SR 559

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1086 Do Pass, by Substitute HB 1101 Do Pass, by Substitute
Respectfully submitted, Is/ Childers of the 13th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tion of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1488 Do Pass, by Substitute HR 948 Do Pass, by Substitute
Respectfully submitted, M Lee of the 94th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1597 Do Pass HB 1598 Do Pass

HB 1601 Do Pass HB 1605 Do Pass

630

JOURNAL OP THE HOUSE,

HB 1608 Do Pass HB 1609 Do Pass
HB 1610 Do Pass HB 1611 Do Pass

HB 1612 Do Pass HB 1613 Do Pass HB 1615 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 12,1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enu merated below:
HB 873 Ethics in govt; state elected exec officers; prohibit cert mailings HB 1290 Juvenile court judges; training expenses; court orders; rehearings HB 1350 Ad valorem tax; exempt certain trees, bushes, plants HB 1364 Local governments; state grants; require certain form HB 1440 Medical fraud; abuse; seizure of property HB 1460 4-H clubs and FFA chapters; bonding requirements; exempt HB 1520 Sales tax for education; alternate distribution formula HB 1529 Elections; certain state-wide offices; plurality election HB 1535 Ad valorem, income, and sales taxes; certain printing services
HR 938 Rules of House; amend Rule 37 HR 996 "Pete Wheeler Ga War Veterans Memorial Complex"; designate HR 1004 State of Georgia and Ivory Coast; declare sister states
SR 251 George W. Ross Highway - designate - (Thomas of the 54th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1597. By Representative Channell of the lllth: A bill to provide a new charter for the City of Woodville.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1598. By Representative Channell of the lllth: A bill to create the Green County Family Connection Commission.

THURSDAY, FEBRUARY 12, 1998

631

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1601. By Representative Channel! of the lllth:
A bill to amend an Act creating a new charter for the City of Union Point, 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.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1605.

By Representatives Stallings of the 100th and West of the 101st:
A bill to amend an Act establishing a city court in the City of Carrollton (later renamed the Carroll County State Court), so as to change provisions relating to the terms of court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1609.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to amend an Act creating a new charter for the City of Albany, so as to provide for staggered terms of office of four years for the mayor and city 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 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1610. By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairperson, vice chairper son, and members of said board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

632

JOURNAL OF THE HOUSE,

HB 1611,

By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating the State Court of Decatur County, as to change the compensation to be paid to the judge and the solicitor 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 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1612.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill creating the Small Claims Court of Dougherty County, now the Magis trate Court of Dougherty County, so as to provide for a chief magistrate and not more than three additional full-time magistrates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1613.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dougherty 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 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1615.

By Representatives Roberts of the 162nd and Everett of the 163rd:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1608.

By Representatives Day of the 153rd, Stephens of the 150th, Thomas of the 148th, Mueller of the 152nd, Pelote of the 149th 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 $30,000.00 of the assessed value of the homestead of certain residents of that school district.

THURSDAY, FEBRUARY 12, 1998

633

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 Bannister YBarfoot Y Barnard YBarnes
Y Bates Y Benefield
Birdsong
Bohannon Bordeaux Y Bradford
YBnedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn Y Burkbalter YByrd
CampbeU Canty YCash YChannell YChilders Y Clark YCoan YColeman,B Colenum, T YConnell
Y Cooper YCrawford Y Crews

Y Culbreth Y CumminXB
Davis, G Y Davis, M EDay Y DeLoach, B
Y DeLoach, G EDii
Diion Dobbs Y Dukes YEhrhart
YBpps Y Evans
YEverett YFelton
YFloyd Y Franklin Y Golden Y Graves
Greene YGrindley Y Hammontree Y Banner
Y Harbin Y Heard YHecht
HeckstaU YHegstrom
Henson Y Holland
Holmes Y Houston
Howard YHudgens Y Hudson, H

Hudson, N Hugley Ylrvin Y Jackson Y James Y Jamieson
Jenkins Y Johnson Y Johmton Y Jones
Joyce YKaye YLadd YLakly YLane
Lee Y Lewis
Lord
Lucas Maddoi YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee YMcCall
Y McClinton McKinney
Y Mills
Y Mobley YMosley Y Mueller
O-Neal YOrrock EParham

YParrish Parsons
Y Pelote Perry
Y Pinholster
Poag YPolak
Ponder Y Porter
YPowell YPurcell YRagas
Randall YBay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scailett Y Scheid Y Scott Y Shanahan
Shaw 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
Snelling YSnow
S tailings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest Twiggs Y Walker, L Walker, R.L Watson YWest 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 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1518.

By Representative Tolbert of the 25th:
A bill to abolish the office of County Treasurer of Jackson County and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited, and disbursed.

HB 1525. By Representative Barnard of the 154th: A bill to provide a new charter for the City of Manassas.

HB 1527. By Representatives Stallings of the 100th and West of the 101st:
A bill to provide that the tax commissioner of Carroll County shall retain 1 percent of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes.

634

JOURNAL OF THE HOUSE,

SB 425. By Senators Dean of the 31st, Oliver of the 42nd and Marable of the 52nd:
A bill to amend Part 4A of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to enhanced criminal penalties for any person who wears or has in his or her possession a bulletproof vest during the commission or the attempted commission of an armed robbery; to make such additional penalties mandatory.
SB 488. By Senator Tysinger of the 41st:
A bill to amend Code Section 44-7-55 of the Official Code of Georgia Anno tated, relating to writ of possession after trial in dispossessory proceedings, so as to change the time when that writ becomes effective.
SB 552. By Senators Oliver of the 42nd, Land of the 16th, Ralston of the 51st and Langford of the 29th:
A bill to amend Chapter 2 of Title 13 of the Official Code of Georgia Anno tated, relating to contract provisions selecting the law of Georgia as the applicable law of the contract, so as to permit parties to a contract to submit to jurisdiction of any court or courts of this state; to provide for exceptions; to provide an effective date.
The Senate has adopted by the requisite constitutional majority the following resolu tions of the Senate and House:
SR 527. By Senators Johnson of the 2nd and Johnson of the 1st:
A resolution authorizing the conveyance of certain state owned or claimed real property located in Chatham County, Georgia, to Theodore I. Jockisch and the acceptance of certain real property owned or claimed by Theodore I. Jockisch in consideration therefor.

SR 530. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of a railroad crew parking area, deep water dock, radio, telecommunications, electrical, water, sanitary sewer, roads, and access road facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, and Union Counties, Georgia.
SR 560. By Senator Thompson of the 33rd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia; authorizing the conveyance of cer tain real property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.
SR 581. By Senator Middleton of the 50th:
A resolution authorizing the conveyance of certain state owned real property located in Lumpkin County, Georgia; to repeal an authorization provided in a certain 1996 resolution; to provide an effective date.

HR 1033.

By Representatives Connell of the 115th, Murphy of the 18th, Howard of the 118th and others:
A resolution honoring Jerrylyn G. Griffin Walker Dent on the occasion of her 90th birthday.

THURSDAY, FEBRUARY 12, 1998

635

The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 330. By Representatives Parham of the 122nd, Graves of the 125th, Parrish of the 144th and others:
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.

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

SB 425. By Senators Dean of the 31st, Oliver of the 42nd and Marable of the 52nd:
A bill to amend Part 4A of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to enhanced criminal penalties for any person who wears or has in his or her possession a bulletproof vest during the commission or the attempted commission of an armed robbery; to make such additional penalties mandatory.
Referred to the Committee on Special Judiciary.

SB 488. By Senator Tysinger of the 41st:
A bill to amend Code Section 44-7-55 of the Official Code of Georgia Anno tated, relating to writ of possession after trial in dispossessory proceedings, so as to change the time when that writ becomes effective.
Referred to the Committee on Judiciary.

SB 552. By Senators Oliver of the 42nd, Land of the 16th, Ralston of the 51st and others:
A bill to amend Chapter 2 of Title 13 of the Official Code of Georgia Anno tated, relating to contract provisions selecting the law of Georgia as the applicable law of the contract, so as to permit parties to a contract to submit to jurisdiction of any court or courts of this state; to provide for exceptions; to provide an effective date.
Referred to the Committee on Judiciary.

SR 527. By Senators Johnson of the 2nd and Johnson of the 1st:
A resolution authorizing the conveyance of certain state owned or claimed real property located in Chatham County, Georgia, to Theodore I. Jockisch and the acceptance of certain real property owned or claimed by Theodore I. Jockisch in consideration therefor.
Referred to the Committee on State Institutions & Property.

SR 530. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of a railroad crew parking area, deep water dock, radio, telecommunications, electrical, water, sanitary sewer, roads, and access road facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, and Union Counties, Georgia.
Referred to the Committee on State Institutions & Property.

636

JOURNAL OF THE HOUSE,

8R 560. By Senator Thompson of the 33rd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia; authorizing the conveyance of cer tain real property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 581. By Senator Middleton of the 50th:
A resolution authorizing the conveyance of certain state owned real property located hi Lumpkin County, Georgia; to repeal an authorization provided in a certain 1996 resolution; to provide an effective date.
Referred to the Committee on State Institutions & Property.

Representative Cummings of the 27th arose to a point of personal privilege and addressed the House.

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

HR 948. By Representatives Teague of the 58th, McKinney of the 51st, Maddox of the 72nd, Brooks of the 54th and Watson of the 70th:
A resolution recognizing the African American entrepreneurs and proclaiming February 12, 1998, as "African American Business Enterprise Day" and invit ing the Georgia Summit of African-American Business Organizations to appear before the House of Representatives.

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

HR 1052. By Representative Birdsong of the 123rd:
A resolution commending Brittney Rogers and inviting her to appear before the House of Representatives.

HR 1053.

By Representatives Powell of the 23rd, Culbreth of the 132nd, Buck of the 135th, Barnes of the 33rd and Murphy of the 18th:
A resolution honoring Candice Little, Miss Georgia 1997, and inviting her 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 House:

HB 1222. By Representatives Martin of the 47th, Murphy of the 18th, Irvin of the 45th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to regulation and construction of hospitals and other health care facilities, so as to change an exception to provisions for payments for medical education to certain hospital authorities and designated teaching hospitals.

THURSDAY, FEBRUARY 12, 1998

637

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 1460.

By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th, Hudson of the 156th, Royal of the 164th and others:
A bill to amend Code Section 4-6-52 of the Official Code of Georgia Anno tated, relating to special sales of livestock, so as to exempt Georgia 4-H clubs and Georgia Future Farmers of America chapters from certain bonding 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 roll call was ordered and the vote was as follows:

Y Alien YAndanon YAshe
Bailey Bannister YBarfoot Barnard YBarnes Y Bates YBenefield Birdsong Bohannon Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter Byrd Y Campbell Y Canty YCaah Y Channel!
Y Guilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth
Y Ciimminga
Y Davis, G Y Davis, M EDay YDeLoach, B YDeLoach, G EDii
Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett YFelton Y Floyd Y Franklin Y Golden Y Graves
Greene YGrindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall
Hegstrom Henson Y Holland Holmes Y Houston Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson
Jenkins Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd NLakly YLane YLee Y Lewis
Lord Lucas Y Maddoi YMann Y Manning Martin, J Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Mills Y Mobley YMosley Y Mueller O'Neal Y Crock EParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster
Poag YPolak
Ponder Y Porter Y Powell Y Purcell YRagas
Randall YBay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shananan YShaw
SherriU YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 138, nays 1. The Bill, having received the requisite constitutional majority, was

Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow
Stailings Y Stand], F Y Stancil, S
Stanley, L Stanley,? Y Stephens Y Taylor YTeague YTeper Y Thomas YTiUman Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Westmoreland YWhitaker Y Wiles Williams, B Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

Representatives Barnard of the 154th, Martin of the 145th and Smith of the 103rd 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 1520.

By Representatives Royal of the 164th, Buck of the 135th, Rogers of the 20th, Murphy of the 18th and Jamieson of the 22nd:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational pur poses, so as to provide for the enactment of a distribution formula by local Act.

638

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 Anderson
YAahe Bailey
Y Bannister YBatfoot Y Barnard YBarnes Y Bates Y Benefield
Birdaong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Brooks Y Brown YBuck Y Buckner YBunn
Y Burkhalter YByrd Y Campbell
Y Canty YCash Y Channel! YChilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth
YDavis, G Y Davfc, M EDay YDeLoach, B Y DeLoach, G EDii
Diion YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley YHammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstiom
Henson Y Holland Y Holmes Y Houston
Howard YHudgens 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 Maddoi YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills
Y Mobley YMosley Y Mueller
O'Neal YOrrock EParham

YParrish Y Parsons YPelote Y Perry Y Pinholster
Poag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
RaflHall
YRay Y Reaves Y Reichert YRice
Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw
Sherrill
YShipp YSims Y Sinkfield
Y Skipper 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 Stallings
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor
YTeague YTeper Y Thomas YTilhnan
Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest 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 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smith of the 103rd 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 1350. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, Reaves of the 178th, Porter of the 143rd and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for fruit or nut trees grown in this state and remaining in the possession of a producer of fruit or nuts, trees grown in this state for sale as Christmas trees and remaining in the possession of the producer, etc.

The following Committee substitute 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 exemptions from ad valorem taxation, so as to provide for an

THURSDAY, FEBRUARY 12, 1998

639

exemption for livestock and farm products grown in this state and remaining in the pos session of a producer; to provide for conditions and limitations; to consolidate such provi sions with certain provisions regarding farm and agricultural products; to repeal certain provisions regarding production; to provide for applicability; to provide for effective dates; 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. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by striking in its entirety paragraph (7) of Code Section 48-5-40, relating to definitions, which reads as follows:
"(7) 'Production' means: (A) When applied to a laying hen, a period beginning at the time the laying hen comes into production at age six months rather than a period beginning when the laving hen is hatched; or (B) When applied to a brood cow, a period of nine months from the time the brood cow is able to conceive at age 12 months rather than a period beginning when the brood cow is born."
SECTION 2. Said part is further amended by striking paragraph (10) of subsection (a) of Code Section 48-5-41, relating to exemptions from ad valorem taxation, and inserting in its place a new paragraph (10) to read as follows:
\JLUJ lYil ifffnB prOCtUCtfi (JFOWH ttl THIS 8uLt6 QUO rCHlftlUlR^ "HI U1G flAHCtS "Of MIC pFOTM
dueer daring the one year beginning immediately after their production and harvested agricultural products which have a plonting-to-horvcst eyete of- 12 months er less-, whieh ore cuotomarily eared- er aged- for a period- esees* of one year after harvesting aad before manufacturing? and which ate held at this state for manufacturing and pro cessing purpoaca Reserved:".
SECTION 3. Said part is further amended by adding a new Code section immediately following Code Section 48-5-41, to be designated Code Section 48-5-41.1, to read as follows:
"48-5-41.1.
(a) As used in this Code section, the term: (1) 'Family owned farm entity' shall mean a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corpora tion, or a family limited liability company all of the interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. It shall include an estate of which the devisees or heirs are one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. It shall include a trust of which the beneficiaries are one or more nat ural or naturalized citizens related to each other within the fourth degree of civil reckoning. Such family owned farm entity must have derived 80 percent or more of its gross income from bona fide agricultural uses within this state within the year immediately preceding the year in which the exemption provided by this Code section is sought. (2) 'Farm products' shall mean livestock; crops; any fruit or nut bearing trees, bushes, or plants; annual and perennial plants; Christmas trees; and plants and trees grown in nurseries for transplantation elsewhere. Farm products shall include only those products that are still in their natural, unprocessed, and unmanufactured condition. Farm products shall not include standing timber. (3) 'Producer' shall mean an individual or family owned farm entity primarily engaged in the direct cultivation of the soil, including soil removed from the land and placed in pots or containers, or operation of land for the production of farm products. Pro ducer shall not include wholesalers, distributors, storage facility owners, manufactur ers, processors, or other similar entities that primarily prepare farm products for

640

JOURNAL OF THE HOUSE,

market or that primarily operate to move or facilitate the movement of farm products from the producer to market. (b) The following property shall be exempt from all ad valorem property taxes in this state: (1) All farm products grown in this state and remaining in the hands of a producer, provided the farm products are not held for direct retail sale by someone other than the original producer; and (2) Harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured or aged for a period in excess of one year after harvesting and before manufacturing, and which are held in this state for manu facturing and processing purposes."
SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of sub mitting this Act to the electors of the State of Georgia for approval or rejection. The Sec retary of State shall conduct that election on the date of the November, 1998, general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
) YES Shall the Act be approved which exempts from ad valorem taxation live stock and farm products grown in this state so long as such items remain
) NO in the possession of a producer thereof?"
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, 2, and 3 of this Act shall become of full force and effect on January 1, 1999, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not con ducted as provided in this section, Sections 1, 2, and 3 of this Act shall not become effec tive and this Act shall be automatically repealed on the first day of January immediately following that election date.
SECTION 5. Except as provided in Section 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien
YAndenon YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBaraes Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux

Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bonn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

Y Davis, M E Day Y DeLoach, B Y DeLoach, G E Dii Y Dizon 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
Hegstrom

THURSDAY, FEBRUARY 12, 1998

641

YHenson Y Holland
Y Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye
YLadd YLakly YLane YLee

Y Lewis Lord Lucas
YMaddox YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCaU
Y McClinton McKinney
Mills Y Mobley YMoeley Y Mueller YCTNeal
Orrock EParham 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 Scbeid YScott

Y Shanahan YShaw YSherrill
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 Stand!, F Y Stancil, S
Stanley, L Stanley, P Y Stephens

Y Taylor YTeague YTeper
Thomas YTillman
Titus Y Tolbert
Trense Turnquest YTwiggs Y Walker, L Walker, R.L Y Watson YWest Y Westmorland Y Whitaker 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mills of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1350 was ordered immediately transmitted to the Senate.

HB 1364. By Representatives Stancil of the 16th, Pinholster of the 15th, Irvin of the 45th, Ehrhart of the 36th and Evans of the 28th:
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 provide for certification of certain grants; to provide for powers, duties, and authority of the state auditor with respect to the foregoing.

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 the definitions of certain terms; to define additional terms; to change the provisions relating to preparation of pro posed budgets; to change the provisions relating to adoption of budget ordinances or reso lutions; to provide for certification of certain grants; to provide for powers, duties, and authority of the state auditor with respect 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. 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 36-81-2, relat ing to definitions, and inserting in its place a new Code Section 36-81-2 to read as follows:
"36-81-2. As used in this article, the term:

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(1) 'Budget' means a proposed plan for raising and spending money for specified programa? functions, and activities during a fiscal year a plan of financial operation embodying an estimate of proposed expenditures during a budget period and the pro posed means of financing them. The budget snail be prepared and organized so as clearly te reflect activities, programs; and functions by fund er fend* (2) 'Budget officer' means that local government official charged with budget prepara tion; and administration; and fiscal control for the local government. The official title of the local government budget officer shall be as provided by local law, charter, ordi nance, or appropriate resolution of the governing authority. (3) 'Budget ordinance/ 'ordinance.' or 'resolution' means that governmental action which appropriates revenues and fund balances for specified purposes, functions, or activities for a fiscal year budget period. he budget ordinance er resolution saaH appropriate rcvcnuca by fund? (4) 'Budget period' means the period for which a budget is proposed or a budget ordi nance or resolution is adopted. (5) 'Capital projects fund' means a fund used to account for financial resources to be used for the acquisition or construction of major capital facilities other than those financed by resources from proprietary type activities which are accounted for in enterprise funds or those financed with funds held by the local government in a trustee capacity. (6) 'Debt service fund' means a fund used to account for the accumulation of resources for and the payment of general long-term debt principal and interest.
(7) 'Enterprise fund' means a fund used to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the governing authority is that the costs of providing goods and services to the general public on a continuing basis be financed or recovered primarily through user charges or where the governing authority has decided that periodic determination of revenues earned, expenses incurred, or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. For purposes of this paragraph, the term 'costs' means expenses, including depreciation. (8) 'Fiduciary fund' means those trust and agency funds used to account for assets held by a local government in a trustee capacity or as an agent for individuals, private organizations, other governmental units, or other funds. {4H9) 'Fiscal year' er 'budget year1 means the period for which a budget is proposed or a budget ordinance or resolution is adopted for the local government's general fund, each special revenue fund, if any, and each debt service fund, if any. flH10) 'Fund' means a fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabili ties and residual equities or balances, and changes therein, which is segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations. (11) 'General fund' means the fund used to account for all financial resources except those required to be accounted for in another fund. 46M12) 'Governing authority' means that official or group of officials responsible for
governance of the unit of local government.
(13) 'Internal service fund' means a fund used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the governmental unit or to other governmental units on a cost-reimbursement
basis. (14) 'Legal level of control' means the lowest level of budgetary detail at which a local
government's management or budget officer may not reassign resources without approval of the governing authority. The legal level of control shall be. at a minimum.
expenditures for each department for each fund for which a budget is required. This does not preclude the governing authority of a local government from establishing a legal level of control at a more detailed level of budgetary control than the minimum
required legal level of control.

THURSDAY, FEBRUARY 12, 1998

643

(15) 'Special revenue fund' means a fund used to account for the proceeds of specific revenue sources, other than those for major capital projects or those held by the gov ernment in a trustee capacity, that are legally restricted to expenditure for specified purposes. f?}(16) 'Unit of local government,' 'unit,' or 'local government' means a municipality, county, consolidated city-county government, or other political subdivision of the state. Such terms do not include any local school district or board of education. For purposes of this paragraph, 'county' includes any county officer who is paid in whole or in part on a salary basis and over whom the county governing authority exercises budgetary authority."
SECTION 2. Said article is further amended by striking Code Section 36-81-3, relating to adoption of budget ordinances or resolutions, and inserting in its place a new Code Section 36-81-3 to read as follows:
"36-81-3.
(a) The governing authority shall establish by ordinance, local law, or appropriate reso lution a fiscal year for the operations of the local government.
adopted by ordinance er resolution and administered in accordance with this article. A budget ordinance ep resolution is balanced when the SHH ef- estimated Bet revenues and appropriated fund balances is equal te appropriations.
(b)(l) Each unit of local government shall adopt and operate under an annual bal anced budget for the general fund, each special revenue fund, and each debt service fund in use by the local government. The annual balanced budget shall be adopted by ordinance or resolution and administered in accordance with this article. (2) Each unit of local government shall adopt and operate under a project-length bal anced budget for each capital projects fund in use by. the government. The projectlength balanced budget shall be adopted by_ ordinance or resolution in the year that the project initially begins and shall be administered in accordance with this article. The project-length balanced budget shall appropriate total expenditures for the dura tion of the capital project. (3) A budget ordinance or resolution is balanced when the sum of estimated revenues and appropriated fund balances is equal to appropriations. (4) Nothing contained in this Code section shall preclude a local government from adopting a budget for any funds used by the local government other than those specif ically identified in paragraphs (1) and (2) of this subsection, including enterprise funds, internal service funds, and fiduciary funds. (c) For each fiscal year beginning on or after January 1, 1982, each unit of local govern ment shall adopt and utilize a budget ordinance or resolution as provided in this article. (d) Nothing contained in this Code section shall preclude a local government from amending its budget so as to adapt to changing governmental needs during the fiscal yea* budget period. Amendments shall be made as follows, unless otherwise provided by charter or local law: (1) Any increase in appropriation in any land for a deportment of at the legal level of control of the local government, whether accomplished through a change in antici pated revenues in any fund or through a transfer of appropriations among depart ments, shall require the approval of the governing authority. Such amendment shall be adopted by_ ordinance or resolution; and (2) Transfers of appropriations any fend ameng the various accounts within a deportment ef- leeal government within any fund below the local government's legal level of control shall require only the approval of the budget officer; eaeept that trans fers ef appropriations within a deportment ef leeal government which incrcoaea the salary appropriation shaU require the approval ef the governing authority.] and (3) The governing authority of a local government may amend the legal level of con trol to establish a more detailed level of budgetary control at any time during the budget period. Said amendment shall be adopted by ordinance or resolution.

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(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 adop tion 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 sub ject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 3. Said article is further amended by striking Code Section 36-81-5, relating to preparation of the proposed budget, and inserting in its place a new Code Section 36-81-5 to read as follows:
"36-81-5.
(a) By the date established by each governing authority, in such manner and form as may be necessary to effect this article, and consistent with the local government's accounting system, the budget officer shall prepare a proposed budget for the local gov ernment for the ensuing fiscal year budget period. (b) The proposed budget shall; at a minimum, be an estimate of the financial require ments ef each deportment er agency; by fund, at the legal level of control for each fund requiring a budget for the appropriate budget period year and shall be in such form and detail, with such supporting information and justifications, as may be prescribed by the budget officer or the governing authority. The budget document, at a minimum, shall provide; for the appropriate budget period, a statement of the amount budgeted for anticipated revenues by category source and the amount budgeted for expenditures by
aties and proposed expenditures tot the proposed budget year? at the legal level of con trol. In accordance with the minimum required legal level of control, the budget document shall, at a minimum, provide a statement of the amount budgeted for expend itures by department for each fund for which a budget is required. This does not pre clude the governing authority of a local government from preparing a budget document or establishing a legal level of control at a more detailed level of budgetary control than the minimum required legal level of control. (c) On the date established by each governing authority, the proposed budget shall be submitted to the governing authority for that body's review prior to enactment of the budget ordinance or resolution. (d) On the day that the budget is submitted to the governing authority, a copy of the budget shall be placed in a public location which is convenient to the residents of the unit of local government. The governing authority shall make every effort to provide convenient access to the residents during reasonable business hours so as to accord every opportunity to the public to review the budget prior to adoption by the governing authority. A copy of the budget shall also be made available, upon request, to the news media.
(e)(l) At the time of submission of the budget to the governing authority, a statement advising the residents of the local unit of government of the availability of the budget shall be published in a newspaper of general circulation in the local unit. The state ment may also give notice of the time and place of the budget hearing required by subsection (f) of this Code section. The statement shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear.

THURSDAY, FEBRUARY 12, 1998

645

(2) If the statement required by paragraph (1) of this subsection does not give notice of the time and place of the budget hearing, then the statement shall advise the resi dents of the local unit of government that the budget hearing shall be held at a future date and notice shall be given prior to the budget hearing. This notice shall be pub lished at least seven days before the budget hearing is held and shall comply with the publication requirements of paragraph (1) of this subsection. (f) At least one week prior to adoption of the budget ordinance or resolution, the gov erning authority shall conduct a public hearing, at which time any persons wishing to be heard on the budget may appear. (g) Nothing in this Code section shall be deemed to preclude the conduct of further budget hearings if the governing body deems such hearings necessary and complies with the requirements of subsection (e) of this Code section."
SECTION 4. Said article is further amended by striking Code Section 36-81-6, relating to adoption of budget ordinances or resolutions, and inserting in its place a new Code Section 36-81-6 to read as follows:
"36-81-6. (a) On a date after the conclusion of the hearing required in subsection (f) of Code Sec tion 36-81-5, the governing authority shall adopt a budget ordinance or resolution mak ing appropriations for the fiscal yea* in such sums as the governing authority may deem sufficient, whether greater or less than the sums presented in the proposed budget. The budget ordinance or resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in subsection (e) of Code Section 36-81-5 at least one week prior to the meeting. (b) The budget may be prepared in any form that the governing authority deems most efficient in enabling it to make the fiscal policy decisions embodied in the budget, but such budget shall shew anticipated revenues ad- appropriations by fend- be subject to the provisions of this article."
SECTION 5. Said article is further amended by adding a new Code section immediately following Code Section 36-81-8, to be designated Code Section 36-81-8.1, to read as follows:
"36-81-8.1.
On and after January 1, 1999, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. The form shall be designed by the state auditor and shall be distributed with each cov ered grant as required by this Code section. The grant certification form shall require the certification by the local government and by the local government auditor that the grant funds were used solely for the express purpose or purposes for which the grant was made. Such form shall be filed with the state auditor in conjunction with the annual audit required under Code Section 36-81-7 for each year in which such grant funds are expended or remain unexpended by the local government. The failure to comply with the requirements of this Code section shall result in a forfeiture of such grant and the return to the state of any such grant funds which have been received by the local gov ernment."
SECTION 6. This Act shall become effective on July 1, 1998.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien YAndereon Y Ashe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd YCampbeU
Y Canty YCash Y Channel!
Childen Y Clark YCoan Y Coleman, B Y Coleman, T
YConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings Y Davis, G Y Davis, M EDay YDeLoach, B Y DeLoach, G EDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton
YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hflnunontrdo Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson Y Jenkins Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly
Lane YLee YLewis YLord Y Lucas Y Maddox YMann Y MflTining Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal
Orrock E Parham

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
Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders
Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrill
YShipp YSims 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
YSmyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTUlman
Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 996. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Connell of the 115th and others:
A resolution commending Pete Wheeler and providing for the designation of the "Pete Wheeler Georgia War Veterans Memorial Complex".

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

Alien YAndereon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
Y Birdsong Y Bohannon Y Bordeaux

Y Bradford YBreedlove
Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash

YChannell Y Childen 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
EDix YDixon 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

THURSDAY, FEBRUARY 12, 1998

647

YHenson Y Holland Y Holmes Y Houston
Howard YHudgens 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 YLotd Y Lucas YMaddox YMann
Y Manning Y Martin, J
Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton
McKinney Y Mills Y Mobley YMooley YMueUer YO'Neal
Orrock E Parham Y Punish Y Parsons YPelote

Y Perry Pinholster
YPoag YPolak Y Ponder
Y Porter YPowell YPurcell
YRagas Randall
YRay Y Reaves Y Reichert YKice
Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
YScheid Y Scott

Y Shanahan YShaw YSherriU 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 YSnelling YSnow YStallings Y Stancil, F Y StancU, S
Stanley, L Stanley, P Y Stephens

Y Taylor Teague
YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs
Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles Y Wilhams, B Y Williams, J Y Williams, R YWorthan 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.

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

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

HB 1167.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.

The Speaker announced the House in recess until 2:30 o'clock this afternoon.

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1529. By Representative Teper of the 61st: A bill to amend Code Section 21-2-501 of the Official Code of Georgia Anno tated, relating to the proportion of votes cast required for nomination or election to public office, so as to delete provisions requiring a majority vote for election to certain state-wide elected offices; to thereby provide for the election of such officers by plurality vote in the same manner as other public officers.
Representative Lee of the 94th moved that further consideration of HB 1529 be post poned until Friday, February 13, 1998.
The motion prevailed.
The following members of the Frank Stancil subcommittee of Appropriations were excused from voting for the afternoon session due to a subcommittee meeting: Representa tives Sauder of the 29th, Stancil of the 91st, Buckner of the 95th and Heard of the 89th.
Representative Irvin of the 45th moved that further consideration of HB 1529 be post poned until Monday, February 16, 1998.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon YAshe N Bailey Y Bannister YBarfoot Y Barnard NBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner
YBunn Y Burkhalter NByrd Y Campbell
Canty YCash N Channel! NChilders Y Clark YCoan Y Coleman, B

Coleman, T Y Cornell Y Cooper Y Crawford E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G EDii YDixon YDobbs Y Dukes YEhrhart
Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin
Heard

NHecht YHeckstall
N Hegstrom NHenson N Holland N Holmes N Houston
Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Ylrvin Y Jackson N James Y Jamieson N Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis NLord N Lucas N Maddox YMann

Y Manning N Martin, J Y Martin, J.L
YMassey YMcBee NMcCall
N McClinton Y McKinney Y Mills Y Mobley NMosley Y Mueller N O'Neal
NOrrock EParham NParrish Y Parsons Y Pelote Y Perry Y Pinholster NPoag YPolak Y Ponder Y Porter N Powell YPurcell NRagas NRandall YRay Y Reaves Y Reichert

YRice Y Richardson Y Roberts
Rogers N Royal Y Sanders
Sauder Y Scarlett YScheid Y Scott YShanahan YShaw YSherrill YShipp
NSims NSinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T Y Smith, V
NSmyre YSnefflng YSnow NStallings
Stancil, F Y Stancil, S
Stanley, L

THURSDAY, FEBRUARY 12, 1998

649

Stanley, P Y Stephens NTaylor YTeague NTeper

Y Thomas Y Tfflman Y Titug Y Tolbert YTrense

Y Tumquest Twiggs
N Walker, L Y Walker, B.L N Watson

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 motion, the ayes were 112, nays 50. The motion prevailed.

HB 1290. By Representatives Hecht of the 97th, Martin of the 47th, Campbell of the 42nd and Davis of the 60th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for pay ment of actual expenses of judges or associate judges attending training semi-

The following substitute, offered by Representative Hecht of the 97th, was read:
A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for transfer of juvenile proceedings before or after a disposition order in certain circumstances; to provide for payment of actual expenses of judges or associate judges attending training seminars; to provide that associate juvenile court judges shall sign court orders rather than findings and recommen dations for disposition; to provide for rehearing by the judge in certain circumstances; to change a provision relating to when the name of a juvenile is released; to change a provi sion relating to keeping records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (a) of Code Section 15-11-15, relating to venue, and inserting in its place the following:
"(a) A proceeding under this article may be commenced in the county in which the child resides. If delinquent or unruly conduct is alleged, the proceeding may be com menced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced; provided, however, that for the con venience of the parties and witnesses, the court may transfer the proceeding to the county in which the child resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer. A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit."
SECTION 2. Said article is further amended by inserting a new Code section to be designated Code Section 15-11-41.1 to read as follows:
"15-11-41.1. Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the par ent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent or parents to whom reunification is directed. Said transferring court shall provide the receiving

650

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court within 30 days of the filing of the transfer order with certified copies of the adju dication order, the order of disposition, the order of transfer, the case plan, and such other court documents deemed necessary by the sending court to enable the receiving court to assume jurisdiction over the matter. Compliance with this Code section shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court."
SECTION 3. Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-4.1, relating to training seminars for judges, and inserting in its place the following:
"(c) Expenses of administration of this seminar program and reasonable actual expenses incurred by the judges or associate juvenile court judges in attending these seminars shall be paid from state funds appropriated for the council for that purpose, from fed eral funds available to the council for that purpose, or from other appropriate sources. These expenses for judges and associate juvenile court judges shall not exceed the allow ances allowed members of the General Assembly."
SECTION 4. Said article is further amended by striking in their entirety subsections (d), (e), (f), (g), and (h) of Code Section 15-11-10, relating to associate juvenile court judges, and inserting in their place the following:
"(d) Upon the conclusion of a hearing before an associate juvenile court judge, except detention hearings et probable eattse hearings, the associate juvenile court judge shall transmit findings and recommendations for disposition in writing te the judge sign and file an order of the court which sets forth the decision made by the associate juvenile court judge. Prompt written notice A copy of the findings and recommendations, together with copies thereof order; shall be given to the parties to the proceedings. (e) A rehearing may be ordered by the judge at any time and, except for detention hear ings or probable cause hearings, shall be ordered if a party files a written request there for within five days after receiving written notice a copy of the findings a*d recommendations order of the associate juvenile court judge. (f) Unless a rehearing is so ordered, fee findings and recommendations become fee find ings and order ef the eettrt when confirmed in writing by the jadger (g) Upon conclusion ef a probable eerese hearing of detention hearing before an associate juvenile court judge; fee associate juvenile eesrt judge shaH sign and fite an order of the court which sets forth the dcciaion made by the associate juvenile court judger {h}(f) An associate juvenile court judge of any county of this state shall be vested with the same authority as any judge of this state for the purpose of performing marriage cer emonies."
SECTION 5. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (f) of Code Section 15-11-60, relating to occasions for fingerprinting or photographing juveniles, fingerprint files, and publication of names and pictures of juveniles, and inserting in its place the fol lowing:
"(f)(l) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of con tempt under Code Section 15-11-62, except as otherwise provided in paragraph (2) of this subsection or as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court or his or her designee to release the name of any child who is under the jurisdiction of- the eeurt for a second ef oubscqucnt time with regard to whom a petition has been filed alleging the child committed a designated felony act or alleging the child committed a delinquent act if the child has previously been adjudicated delinquent. No person, firm, or corpora tion shall be guilty of any offense by making public the name or picture of any such child."

THURSDAY, FEBRUARY 12, 1998

651

SECTION 6. Said article is further amended by striking in its entirety subsection (c) of Code Section 15-11-65, relating to the juvenile court as a court of inquiry and record, records, and war rants, and inserting in lieu thereof the following:
"(c) Records. Subject to the earlier sealing of certain records pursuant to Code Section 15-11-61, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child tmtil te yean after the last entry was made in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-18-92. Thereaf ter, the court may destroy such records, except that records of cases where orders were entered permanently depriving a parent of the custody of a child and records of cases involving a petition for legitimation of a child filed pursuant to Code Section 19-7-22 shall be preserved permanently. The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed therein and shall make social records consisting of records of investigation and treatment and other confidential information."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:
Representatives Crews of the 78th, Walker of the 87th and Mills of the 21st move to amend the Floor substitute to HB 1290 as follows: Insert on p. 1, line 12, after "records;"
"to delete the authority of associate juvenile court judges to perform marriage ceremo nies". P. 3, strike lines 30-33.

Representative Wiles of the 34th moves to amend the Floor substitute to HB 1290 by inserting after the word "delinquent" on line 14 of page 4 the following:
"or if the child has previously been before the court on a delinquency charge and adjudi cation was withheld".

The Floor substitute, as amended, was adopted.

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

Y Alien Anderaon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong YBohannon
Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channel! Y Childers

Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford E Crews E Culbreth Y Cununings Y DaTM, G Y DaTM, M Y Day Y DeLoach, B

Y DeLoach, G E Dii Y Diion
Dobbe Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golden Y Graves

Y Gieene Y Grindley Y Hammontree Y Hanner Y Harbin
Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Houston
Howard

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JOURNAL OF THE HOUSE,

YHudgena Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas YMaddoz

YMann Y Munniruf Y Martin, J Y Martin, J.L YMassey YMcBee YMcCaU Y McClinton YMcKinney Y Mills Y Mobley YMosley YMueUer YO-Neal YOrrock EPaiham YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag

YPolak Y Ponder Y Porter YPoweU YPurcell YRagas YRandaU
Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott
YShaw

SherrUl YShipp YSims YSinkfleld 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
Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor

YTeague YTeper Y Thomas YTillman Y Titus YTolbert YTrense YTumquest
Twiggs Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Lee of the 94th moved that HR 938 be postponed until Monday, Feb ruary 16, 1998.
The motion prevailed.

HB 1535.

By Representatives Buck of the 135th, Crawford of the 129th, Royal of the 164th, Culbreth of the 132nd, Heard of the 89th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide additional conditions under which certain property shall not acquire a situs in this state for ad valorem tax pur poses; to provide that certain property ownership or conducting of business shall not constitute activities subject to state income tax.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and tax ation, so as to provide additional conditions under which certain property shall not acquire a situs in this state for ad valorem tax purposes; to provide that certain property owner ship or conducting of business shall not constitute activities subject to state income tax; to provide that certain persons and activities shall not constitute a dealer for sales and use tax purposes; to provide for effective dates; to provide for applicability; to repeal con flicting 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 Code Section 48-5-5, relating to acquisition of situs, and inserting in its place a new Code Section 48-5-5 to read as follows:
"48-5-5. (a) Foreign merchandise in transit shall acquire no situs so as to become subject to ad valorem taxation by political subdivisions of this state in which the port of original entry

THURSDAY, FEBRUARY 12, 1998

653

or the port of export of such merchandise is located. Such property shall not acquire situs by virtue of the fact that while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled, or repackaged. The grant of 'no situs' status shall be liberally construed to effect the purposes of this Code section. (b) Property which meets all of the following qualifications shall acquire no situs so as to become subject to ad valorem taxation by political subdivisions of this state:
(1) Such property is owned by a person who is not a Georgia resident and does not maintain or operate a place of business in Georgia; (2) Such person has contracted with a commercial printer located in Georgia for printing services to be performed in Georgia: and (3) Such property is provided by such person to such printer for the performance of such services."
SECTION 2. Said title is further amended by adding a new paragraph immediately following paragraph (7) of Code Section 48-7-1, relating to definitions regarding income tax, to be designated paragraph (7.1) to read as follows:
"(7.1) 'Owning property or doing business in this state' shall not include the following activities, either singularly or in the aggregate, with respect to any person that is not otherwise subject to income taxation in the State of Georgia that has contracted with a commercial printer for any printing, including printing related activities, and distri bution services to be performed in Georgia:
(A) The ownership by that person of tangible or intangible property located at the Georgia premises of the commercial printer for use by the printer in performing its services for the owner; (B) The sale and distribution by that person of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; (C) The activities performed by or on behalf of that person at the Georgia premises of the commercial printer which are directly related to the services provided by that commercial printer; or (D) The printing, including printing related activities and distribution related activ ities, performed by the commercial printer in Georgia for or on behalf of that per son."
SECTION 3. Said title is further amended in paragraph (3) of Code Section 48-8-2, relating to defini tions regarding sales and use tax, by striking the word "or" at the end of subparagraph (G), by striking the period and adding "; or" at the end of subparagraph (H), and by add ing a new subparagraph at the end thereof to be designated subparagraph (I) to read as follows:
"(I) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person:
(i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner; (ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; (iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf,

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JOURNAL OF THE HOUSE,

nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the U.S. Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer's premises or at any place where the commercial printer performs services on behalf of that person."
SECTION 4. (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective on July 1,1998. (b) Section 1 of this Act shall become effective January 1, 1999, and shall be applicable to all taxable years beginning on or after that date. (c) Section 2 of this Act shall become effective July 1, 1998, and shall be applicable to all taxable years beginning on or after January 1,1998.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Smith of the 103rd was excused from voting on HB 1535.

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

Y Alien
YAndenon YAahe
Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield YBirdsong YBohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck
Buckner
YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel] Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConnell
Y Cooper Y Crawford E Crews

E Culbreth Y Cummings Y Davis, G Y Davio, M YDay YDeLoach, B YDeLoach, G EDnc YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton
Floyd Y Franklin
Golden Y Graves YGreene YGrindley
Y Hammontree YHanner Y Harbin
Heard YHecbt YHeckstaU Y HejfBtroni YHenson Y Holland
Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson YJohnston 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 YMcKinney Y Mills Y Mobley YMosley Y MueUer YCVNeal
YOrrock E Parham

YParrish Y Parsons Y Pelote Y Perry YPinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurceU YRagas YRandaU
Ray Y Reaves Y Reichert
Rice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders YSauder Y Scarlett YScheid Y Scott
Shanahan
YShaw YSherrill
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 Y Smyre YSnelling YSnow YStaUings
Stancil, F Y Stancil,S
Stanley, L Stanley, P Y Stephens YTaylor YTeague YTeper
Y Thomas YTillman Y Titus YTolbert YTrense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Watson 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 158, nays 0.

THURSDAY, FEBRUARY 12, 1998

655

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

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 govern ment, 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.

The following Committee substitute was read:

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 mail ings of certain official communications by state elected executive officers during certain periods prior to a primary or election at which they are candidates; to provide for penal ties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, is amended by adding at the end a new Code section to read as follows:
"21-5-13.
(a) As used in this Code section, the term 'mass mailing' means a mailing of more than 500 documents which are published, distributed, or both at state expense and which set forth in textual form, graphic form, or both, factual information or commentary regard ing the office of the state executive officer responsible for the mailing or regarding pro spective, pending, or past issues of public policy. (b) Neither the Governor, Lieutenant Governor, nor any other state elected executive officer specified in Article V, Section III, Paragraph I of the Constitution may send mass mailings, unless otherwise provided by law, during the period beginning after qualifica tion for office in a primary or election at which such person is a candidate for any state or federal office and ending with the general election or general election runoff unless there is no other candidate for such office at such primary or election. (c) The prohibition of subsection (b) of this Code section Joes not apply to any mailing:
(1) Containing the name of the office but not the name of the officer; or (2) Which is in direct response to a communication from the person to whom the matter is mailed. (d) Any person who violates subsection (b) of this Code section shall be guilty of a mis demeanor."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Irvin of the 45th and Barnes of the 33rd move to amend the Committee substitute to HB 873 by striking on line 27 of page 1 the word "provided" and inserting in lieu thereof the word "required".

656

JOURNAL OF THE HOUSE,

By inserting at the end of line 3 of page 2 the words "or likeness".

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

N Alien N Anderaon YAshe Y Bailey 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
Buckner YBunn Y Buikhalter YByrd Y Campbell
Y Canty YCash YChannell Y Childers Y Clark YCoan YColeman, B N Coleman, T Y Connell Y Cooper Y Crawford E Crews

E Culbreth Y CununinKB
N Davis, G Y Davia, M YDay Y DeLoach, B Y DeLoach, G EDii YDixon YDobbs Y Dukes YEhihart YEpps Y Evans YEverett YFelton
Floyd Y Franklin Y Golden
Y Graves YGreene Y Grindley YHammontree Y Manner Y Harbin
Heard YHecht NHeckstaU
Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N NHugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall N McClinton YMcKinney Y Mills YMobley YMosley Y Mueller YO'Neal NOrrock EParham

YParrish Y Parsons N Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder N Porter YPowell YPurceU YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder Y Scarlett YScheid Y Scott
YShaw YSherrill YShipp YSims NSinkfield 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 YSneUing YSnow YStallings
Stancil, F YStancil, S
Stanley, L Stanley, P Y Stephens N Taylor NTeague YTeper N Thomas Y TUlman Y Titus Y Tolbert YTrense N Turnquest
Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 149, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1440 was postponed until Friday, February 13,1998.

HR 1004. By Representative Jones of the 71st: A resolution declaring the State of Georgia and the Ivory Coast to be sister states.
The following amendment was read and adopted:
The Committee on Rules moves to amend HR 1004 as follows: Amend Line 10, page 1 to add after city, the words:
"CoCo Di".

THURSDAY, FEBRUARY 12, 1998

657

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

Y Alien
YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard Y Baron Y Bates Y Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford YBraedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childere Y Clark YCoan Y Coleman, B
Coleman, T YConnell
Cooper Y Crawford
E Crews

E Culbreth Y CunuuuuB Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach,G EDiz YDiion
Dobbs Y Dukes YEhrhart YEpps Y Evans
Y Felton Floyd
Y Franklin Y Golden
Graves Greene YGrindley Y Hammontree Y Manner Y Harbin Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane YLee Y Lewis YLord
Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton YMcKinney YMills Y Mobley YMosley
Mueller YO'Neal YOrrock EParham

YParrish Y Parsons
Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder
Y Porter Y Powell YPurcell
YRagas RandaU Ray
Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Sauder Y Scarlett YScheid Y Scott Shanahan YShaw YSherrill YShipp YSims 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 YSmyre YSnelling YSnow YStallings
Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor NTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 150, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SR 251. By Senator Thomas of the 54th:
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.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates
Y Benefield

Birdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner

YBunn Y Burkhalter YByrd
Y Campbell Y Canty YCash YChannell Y Childers Y Clark YCoan

Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford E Crews E Culbreth Y Cummings Y Davis, G Y Davis, M

YDay Y DeLoach, B
Y DeLoach, G EDii YDuron
Dobbs Y Dukes
YEhrhart YEpps Y Evans

658

JOURNAL OF THE HOUSE,

YEverett YFelton
Floyd Y Franklin
Y Golden Y Graves
Greene YGrindley Y Hammontree Y Manner Y Harbin
Heard YHecht
Heckstall YHegstrom YHenson Y Holland YHolmee Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson

Y James Y Jamieson
Jenkira 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 YMcCall Y McClinton YMcKinney Y Mills

Y Mobley YMosley YMueller YO'Neal YOrrock EParham YParrish
Parsons Y Pelote
Perry Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPuicell YRagas Randall
YRay Y Reaves Y Reichert
YRice Richardson
Y Roberts Y Rogers

Y Royal Sanders Sauder
YScarlett YScheid
Y Scott Shaiiflhan
YShaw Sherrill
YShipp YSinis Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, L.R
Smith, P Smith, T Y Smith, V YSmyre YSnelling YSnow Y Stallings Stancil, F Y Stancil, S

Stanley, L Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker
Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative 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 1473 Do Pass
Respectfully submitted, M Byrd of the 170th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 1005 Do Pass
Respectfully submitted, /&/ Lee of the 94th
Chairman

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

Mr. Speaker:

THURSDAY, FEBRUARY 12,1998

659

Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1243 Do Pass, by Substitute
Respectfully submitted, M Randall of the 127th
Chairman

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1167.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Lee of the 94th, Buck of the 135th and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.

The following Senate substitute was read:

A BILL

To amend an Act providing for the State Fiscal Year 1997-1998 known as the "Gen eral Appropriations Act", approved April 24, 1997 (Ga. L. 1997, p. 1101), so as to change certain appropriations for the State Fiscal Year 1997-1998; 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:

Section 1. An Act providing appropriations for the State Fiscal Year 1997-1998, as
amended, known as the "General Appropriations Act" approved April 24, 1997 (Ga. L. 1997, p. 1101), is further amended by striking everything following the enacting clause through Section 61, 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, 1997, and ending June 30, 1998, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State,
including unappropriated surplus, reserves and a revenue estimate of $11,118,625,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1998.

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.......................................................................!

27.168.900 14,406,206 3,978,935 2,607,235
100,000 7,000 0
519,200 260,000 763,000
5,000 650,500

660

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts - Staff ...... Per Diem, Fees and Contracts - Elected
Photography .....................................................................................$ Expense Reimbursement Account. ...............................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

130,230
2,503,794 105,000
1.132.800 27,168,900 27,168,900

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office
Secretary of the Senate's Office Total

4,398,770 740,357
1.196.674
6,335,801

4,398,770 740,357
1.196.674
6,335,801

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

$

10,737,419

$

579,469

$

1,471.096

$

12,787,984

10,737,419 579,469
1.471.096
12,787,984

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office
Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

2,908,271 2,075,165
994,253 1,671,664
395.762 8,045,115

2,908,271 2,075,165
994,253 1,671,664
395.762 8,045,115

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 not withstanding, such payments to Presidential Electors shall be paid from funds provided

THURSDAY, FEBRUARY 12, 1998

661

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....................................................................$

20.214.774 17,079,652
659,390 575,000 118,374 15,000 908,710
43,000
636,110 179.538 20,214,774 20,214,774

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....................................................................!

91.375.360 12,819,251 75,294,404 2,505,947 1,624,344
38,000
300,000
700.000
93,281,946 91,375,360

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

6,879,503 8,045,875 35,701,730
30,917,900 1,209,812
783,635 2,739,590
166,364 4,284,487
2,294,186

6,229,503

$

7,995,875

$

35,627,730

$

29,864,584

$

1,209,812

$

783,635

$

2,660,320

$

166,364

$

4,284,487

2,294,186

662

JOURNAL OF THE HOUSE,

Georgia Office of Dispute Resolution
Total

258.864

$

93,281,946

258.864 91,375,360

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....................................................................?

48.649,307 52,274,607 14,772,359
500,371 812,834 2,301,544 13,975,611 3,567,350 3,852,727 3,544,715 11,129,891
0 2,974,797
4,336,637
566,806 60,913,800 1,154,406 20,039,840
700,000 85,000 48,500 85.000 197,636,795 48,649,307

Departmental Functional Budgets

Total Funds

State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

14,651,997 9,832,273 31,659,290 135,265,763
667,364 1,524,951
4.035.157 197,636,795

7,539,671 4,448,172
0 32,437,569
667,364 192,372
3.364.159 48,649,307

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.............................................................................................?

0 23,054,408 13,560,189
12,000 200,000 196,800 110,100 15,071 228,970 405,000 4,336,637
0

THURSDAY, FEBRUARY 12, 1998

663

Contractual Expense.......................................................................$ Facilities Renovations and Repairs..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 0 42,119,175 0

Departmental Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool
Administration Roofing Facilities Program Total

1,452,327 5,507,049 4,297,686 7,229,140
381,939 4,234,456 17,942,298
370,657 703.623 42,119,175

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....................................................................!

37.982,853 32,369,566 4,449,644
959,745 302,000 448,115 670,430 814,475 412,585 951,396 1,046,000
3,093,546
2,911,440 275,000 60,000 175,000
735,704 0
0 0
40,000 0
49,714,646 37,982,853

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry

8,179,810 16,194,493

7,398,810 13,062,358

664

JOURNAL OF THE HOUSE,

Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

6,393,875

$

$

6,599,695

$

$

3,671,579

$

$

8,092,956

$

$

582.238

$

$

49,714,646

$

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....................................................................!

Section 7. 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.......................................................................! 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...............................................................!

2,718,875 6,412,195 3,541,879 4,848,736
0 37,982,853
0 938,623 201,667
4,000 0
5,560 7,500
0 7,500 44,500 178,867 120.000 1,508,217
0
9.523.070 7,838,930
437,094 400,000 112,380
7,464 277,112 364,290 73,000 12.800 9,523,070 9,523,070
44.416.764 6,260,169
335,591 175,696
0 1,368 488,430 247,564 132,424 82,110
2,063,100 17,283,689
133,355
30,000,000
2,434,250
2,814,244

THURSDAY, FEBRUARY 12, 1998

665

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...................................................................?
Regional Assistance Program ........................................................? Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................?

650,000 1,113,812 4,531,250
937,868
5,500,000 0
308,272 199,024 1.250.000 76,942,216 44,416,764

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning Information and
Management Division Business and Financial Assistance
Division
Housing Finance Division Administrative Division Rental Assistance Division Total

1,727,464
6,155,239
39,076,556 0
29,982,957 0
76,942,216

$

1,727,464

$

5,980,711

8,002,999 0
28,705,590 0
44,416,764

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................? Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................I Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................? Court Costs.......................................................................................* County Subsidy.... ..........................................................................$ County Subsidy for Jails................................................................$ County Workcam*> 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....................................................................?

700,029.028 497,484,504 60,038,119
2,237,021 1,280,920 3,533,387 5,777,354 6,002,776 6,837,979 6,521,239
0 22,365,907 1,200,000 16,777,319 9,532,184
0 1,093,624
4,059,700
1,576,000 477,160
1,300,000 71,075,480
66,620
366,244 894.000 720,497,537

666

JOURNAL OF THE HOUSE,

Indirect DOAS Funding .................................................................$ Georgia Correctional Industries ..................................,.................$ State Funds Budgeted....................................................................$

450,000
0 700,029,028

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

15,010,373 51,214,918 14,019,558
61,401,109 578.851.579 720,497,537

!

14,653,373

!

48,989,399

!

14,019,558

!

60,921,109

! 561.445.589

! 700,029,028

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....................................................................!

45.029.713 35,062,129 1,614,750
542,000
23,000
194,424 591,200 2,785,000 930,000 2,343,650 918,560 25.000 45,029,713 45,029,713

Section 9. Department of Defense. Budget Unit: Department of Defense ................................................$
Personal Services.............................................................................!
Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................!
Telecommunicatins.......................................................................! Per Diem, Fees . Contracts......................................................! Capital Outlay.................................................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4.989.144 10,589,217
7,614,572 38,375 0 20,000 40,225
24,400 41,225 470,200
0 18,838,214 4,989,144

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard
Georgia Army National Guard Total

1,613,393
5,553,809 11.671.012 18,838,214

!

1,412,701

!

602,799

!

2.973.644

!

4,989,144

Section 10. State Board of Education Department of Education.
A. Budget Unit: Department of Education, Operations:
Personal Services........................................ Regular Operating Expenses....................

4.507,206.637
35,653,456 6,801,474

THURSDAY, FEBRUARY 12,1998
Travel................................................................................................* Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................* Real Estate Rentals ........................................................................$ Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* Utilities.............................................................................................* Capital Outlay .................................................................................* QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................$ Grades 4 - 8......................................................................................* Grades 9 - 12....................................................................................* High School Laboratories ..............................................................* Vocational Education Laboratories..............................................* Special Education............................................................................* Gifted................................................................................................* Remedial Education........................................................................* Staff Development and Professional
Development................................................................................* Media................................................................................................* Indirect Cost....................................................................................* Pupil Transportation......................................................................* Local Fair Share..............................................................................* Mid-Term Adjustment Reserve....................................................* Teacher Salary Schedule Adjustment..........................................* Other Categorical Grants: Equalization Formula.....................................................................* Sparsity Grants................................................................................* In School Suspension......................................................................* Special Instructional Assistance ...................................................* Middle School Incentive ................................................................$ Special Education Low - Incidence Grants.................................* Limited English-Speaking Students Program ............................* Non-QBE Grants: Education of Children of Low-Income Families ........................* Retirement (H.B. 272 and H.B. 1321) .........................................$ Instructional Services for the Handicapped ...............................* Tuition for the Multi-Handicapped.............................................* Severely Emotionally Disturbed ...................................................* School Lunch (Federal)..................................................................* School Lunch (State)......................................................................* Supervision and Assessment of Students and
Beginning Teachers and Performance-Based Certification..................................................................................* Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................* High School Program .....................................................................* Special Education in State Institutions.......................................* Governor's Scholarships.................................................................* Counselors........................................................................................* Vocational Research and Curriculum ..........................................*
Even Start........................................................................................$ State and Local Education Improvement ...................................* PSAT Exams....................................................................................*
Accounting, Management and Student Information System ....................................................................*

667
1,066,510 39,279 108,465
8,825,662 1,362,627 1,248,850 24,017,762
793,952 0
1,087,229,681 921,117,189 376,283,741 187,374,816 122,022,070 438,067,665 69,771,250 99,733,473
35,394,416 114,193,981 728,100,389 144,838,830 (668,034,272) 78,577,895
0
168,134,386 3,717,891 27,736,019
104,583,661 87,109,283
563,759 18,078,796
164,747,346 5,408,750 73,012,113 2,210,804 45,900,747
188,375,722 32,038,845
1,491,147 10,389,180 3,568,830 24,974,476 3,644,659 4,600,000 11,524,998
301,207 2,720,906 4,552,565
756,500
11,321,870

668

JOURNAL OF THE HOUSE,

Student Record................................................................................!
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....................................................................!

922,356 29,829,742 9,663,513
16,901,918 601,772
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895
273,723
99,047,892 17,754,530 1,250,000 1,608,000
382,597 4,340,000 1,689,931 13,191,644
100,000 6,694,000
500,000 45,000 15,401,836 274.395 5,061,245,801 340,000 4,507,206,637

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

$

10,108,626

$

19,898,109

!

1,124,597

!

5,310,732

!

6,776,777

!

17,059,279

!

1,090,100

$ 4,981,677,764

$

5,554,282

$

4,623,900

$

5,280,626

!

2.741.009

! 5,061,245,801

$

8,648,432

!

14,918,586

!

1,047,008

!

5,310,732

$

392,542

!

15,748,475

!

1,090,100

! 4,444,822,872

$

5,193,601

$

4,384,804

$

4,799,884

!

849.601

! 4,507,206,637

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.................................................................................!

357.232,088 208,329,348
1,850,000 2,000,000
500,000
689,836 0 0
100,016,973

THURSDAY, FEBRUARY 12, 1998

669

Post Secondary Options .................................................................$ Fort Discovery National Science Center .....................................$ Financial and Management Equipment ......................................$ Computers in the Classroom .........................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

2,100,000 1,100,000 3,804,500 36.841.431 357,232,088 357,232,088

Section 11. 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 2,124,047
260,600 18,000 0 65,105
654,663 322,438 63,315 1,331,650
0 4,839,818
0

Section 12. Forestry Commission. Budget Unit: Forestry Commission....................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Ware County Grant........................................................................! Ware County Grant for Southern Forest World........................! Ware County Grant for Road Maintenance ...............................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

34.986,218 29,108,768 5,636,892
161,926 668,913 1,598,518 323,000 21,420 925,319 1,161,403
0 28,500 60,000 241.752 39,936,411 34,986,218

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and Sup port Total

1,859,526 33,896,376
4.180.509 39,936,411

!

25,710

!

30,948,154

!

4.012.354

!

34,986,218

Section 13. 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........................................................................!

48.334.166 37,206,120
4,488,436
478,225 294,000 630,490 640,355 2,086,425

670

JOURNAL OF THE HOUSE,

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,103,470 922,645 484,000 0
48,334,166 48,334,166

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,324,259

$

24,306,898

$

8,296,824

$

11,406,185

$

48,334,166

$

4,324,259

$

24,306,898

$

8,296,824

!

11.406.185

$

48,334,166

Section 14. Office of the Governor. A. Budget Unit: Office of the Governor.............................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment...............................,........................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost of Operations ..........................................................................$ Mansion Allowance .........................................................................$ Governor's Emergency Fund .........................................................$ Intern Stipends and Travel ...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds .....................................................$ Children and Youth Grants...........................................................! Juvenile Justice Grants..................................................................! Georgia Crime Victims Assistance Program...............................! Grants to Local Systems................................................................! Grants - Local EMA .......................................................................$ Grants - Other.................................................................................! Grants - Civil Air Patrol................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

30.616.017 15,352,586
943,322 236,064
0 60,408 830,700 996,718 495,706 4,311,892 3,354,364 40,000 3,160,000 156,750 3,900,000 241,500 175,000
0 276,426 1,499,100 100,000 684,400 1,085,968
0 57,000 37,957,904 30,616,017

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

6,711,114
983,071 8,125,886 5,105,637 3,317,635
711,123
1,250,197

6,711,114
819,125 8,125,886 4,502,137 3,216,635
711,123
310,878

THURSDAY, FEBRUARY 12, 1998

671

Children and Youth Coordinating Council
Human Relations Commission Professional Standards Commission Georgia Emergency Management
Agency Governor's Commission for the
Privatization of Government Services Total

2,253,846 311,207
4,041,774
4,983,374
163,040 37,957,904

554,846 311,207 4,041,774
1,148,252
163.040 30,616,017

Section 15. 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....................................................................?

1.162.356.727
60,049,842 2,433,191 1,522,191 1,573,678
106,130 4,778,651 7,068,171 7,115,683
867,947 309,000 46,486,389 45,491,515 89,214 923,452 18,199,615 927.901 197,942,570 412,600 116,701,261

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Office of Panning and
Budget Services Office of Adoption Children's Community Based
Initiative Troubled Children'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

1,037,742
4,057,233 1,191,996
5,508,295 46,486,389 34,883,964 5,509,616
576,110 2,877,638 10,290,048 6,435,216 8,470,765 1,888,006 3,492,190
0 1,179,800 60,596,067 1,804,142

1,037,742
4,057,233 1,168,246
5,133,295 33,335,726 21,240,810 4,255,620
566,110 2,752,638 4,587,256 2,317,156 6,645,750 1,888,006 3,492,190 (9,965,749) 1,179,800 31,236,126 1,724,142

672

JOURNAL OF THE HOUSE,

DD Council Total

$

1.657.353

197,942,570

49.164 116,701,261

2. Public Health Budget: Personal Services................................................... ..........................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment............................. ...........................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...................................................... .....................$ Telecommunications .......................................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties............................ ...................................$ Institutional Repairs and
Medical Benefits..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

48,755,563 74,476,798
802,414 0
195,367 1,413,650 4,313,697 1,682,597 1,218,661
280,732 15,023,765 132,073,686
34,500 106,097 4.580.555 284,958,082 549,718 154,895,867

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack
Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization 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

12,801,257 1,375,269 1,573,141
2,292,312 4,342,592
5,246,146 2,494,184 10,881,359
83,435,710 68,422,827 13,258,839 3,256,364
1,467,688 697,961
1,043,235 6,165,832
863,506 1,190,809 2,523,376
376,294 569,046 4,974,431 1,328,484 357,718 263,191 2,025,699 2,736,633 1,400,306

12,671,582 1,160,438 1,250,966
1,179,700 3,568,773
5,134,146 494,026
5,854,042
0 67,292,789 6,482,532
1,907,651 1,364,601
442,425 0
4,717,392 685,576 710,584
1,080,501 376,294 569,046
4,974,431 1,074,293
206,580 263,191 1,779,342 2,513,815
888,433

THURSDAY, FEBRUARY 12, 1998

673

Laboratory Services Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect
Cost Total

$

6,358,148

$

278,580

$

9,458,842

$

7,843,045

$

3,286,750

$

7,167,155

$

177,138

$

13,024,215

$

0

$ 284,958,082

!

6,088,148

!

278,580

!

5,248,958

$

0

!

2,530,130

$

2,743,551

$

159,641

$

10,739,428

! (1,535,718) $ 154,895,867

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....................................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts .....................................................$
Institutional Repairs and Maintenance .......................................$ Utilities .............................................................................................$ Postage..............................................................................................!
Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

80,070,234 11,635,180 1,402,054
50,582 751,574 4,117,555 7,855,273 2,990,069 2,043,183 29,330,191 730,245 11,556,562 255,000 859,650 823.675 154,471,027 100,000 24,012,698

Departmental Functional Budgets

Total Funds

State Funds

Vocational Rehabilitation Services Independent Living
Employment Services Community Facilities Program Direction and Support
Grants Management Disability Adjudication Georgia Factory for Blind
Roosevelt Warm Springs Institute Total

61,115,620 763,949 566,005
10,140,272 4,081,230
694,540
38,737,780
12,600,070 25.771.561 154,471,027

$

12,024,237

$

328,969

$

566,005

$

3,585,422

$

1,237,275

$

694,540

$

0

$

867,699

$

4.708.551

$

24,012,698

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...................................................................................!

46,034,209 4,654,700 1,139,360
0 383,289 3,722,619 23,986,982 29,594,569 10,099,417 3,286,607 306,399,952

674

JOURNAL OF THE HOUSE,

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...............................

6,579,933

...$

233,807,247

...$

27,366,239

...$

2,774,054

...$

312.772.138

...$

1,012,601,315

...$

2,565,582

357,315,947

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 Temporary Assistance for Needy
Families SSI - Supplemental Benefits
Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance
County DFACS Operations Homemakers Services
County DFACS Operations Joint and Administration
County DFACS Operations Employability Program
Employability Benefits Legal Services
Family Foster Care Institutional Foster Care Specialized Foster Care
Adoption Supplement Prevention of Foster Care Day Care
Special Projects Children's Trust Fund
Indirect Cost Total

$

513,508

$

3,623,110

$

3,284,424

$

3,927,362

$

10,824,372

$

1,076,242

$

2,704,799

$

30,788,253

$

1,475,648

$

70,691,121

$ 296,109,390

$

1,122,012

$

2,799,420

$

7,223,130

$ 117,561,676

$

96,752,523

$

3,190,752

$

8,333,523

$

68,137,925

21,986,491 40,557,515
4,290,503 31,595,512 9,900,790
5,146,142 17,361,167
11,544,785 133,320,622
3,471,991 3,286,607
0 1,012,601,315

513,508 3,125,801 3,024,181 3,927,362
543,999 1,076,242 1,699,008 13,048,816 1,475,648 11,335,403
68,100,070 1,122,012
0 0
58,036,963
36,560,073 0
2,269,294
33,752,572
8,203,841 16,161,742 2,520,990 20,022,962 7,289,407 4,298,815 13,279,408 9,718,081 38,486,937 3,407,759 3,286,607 (8.971.554) 357,315,947

5. Community Mental Health/Mental Retardation
and Institutions: Personal Services......................................................
Operating Expenses................................................. Motor Vehicle Equipment Purchases .................. Utilities .....................................................................

329,892,657 57,247,113
200,000 11,532,133

THURSDAY, FEBRUARY 12,1998

675

Major Maintenance and Construction.........................................$ Community Services .......................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

2,127,790 302.252.286 703,251,979
2,404,100 509,430,954

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital
Brook Run Georgia Mental Health Institute Georgia Regional Hospital at
Augusta Northwest Regional Hospital at
Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and
Hospital West Central Regional Hospital
Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services
Community Mental Retardation Services
Community Substance Abuse Services
State Administration Regional Administration
Total

$

40,137,188

$

24,432,255

$

23,366,723

$

18,512,863

$

25,479,493

$

29,806,305

$ 123,988,361

$

18,835,886

$

53,299,515

$

19,658,931

$

4,054,089

$

1,001,456

$ 151,806,959

$

92,985,734

$

60,650,585

$

10,222,668

$

5.012.968

$ 703,251,979

$

24,993,159

$

7,594,141

$

21,448,921

$

16,625,971

$

18,414,834

$

25,124,023

$

81,561,732

$

17,154,565

23,487,815 16,872,692 3,145,154
940,302 145,875,828

61,813,255

33,552,905
6,336,746 4.488.911 509,430,954

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 .......................................................................$ Operating Expenses ........................................................................$ Major Maintenance and Construction.........................................$ Community Services .......................................................................$ 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 .............................................................................................$

564,802,505 93,199,869 4,866,019 1,824,260 1,436,360 14,032,475 43,224,123 41,382,918 14,229,208 57,247,113 2,127,790 302,252,286 29,330,191 3,286,607 306,399,952 7,899,910 280,293,636 99,438,081 132,073,686
378,714 12,391,783

676

JOURNAL OF THE HOUSE,

Postage..............................................................................................$ Payments to DMA-Community Care...........................................$ Grants to County DFACS - Operations ......................................$ Medical Benefits..............................................................................$

4,627,278 18,199,615 313,700,039 4,580,555

Section 16. 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....................................................................!

20.384,594 10,139,980 1,578,726
387,465 16,200 64,757 199,780 850,559 335,700 1,259,638 241,600 5,486,189
0 0 50,000 0 20,610,594 20,384,594

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning Total

8,052,323 3,721,258 1,608,625 5,427,716 1,175,385
625.287 20,610,594

!

8,052,323

!

3,721,258

!

1,608,625

!

5,201,716

!

1,175,385

!

625.287

!

20,384,594

Section 17. Department of Insurance. Budget Unit: Department of Insurance.............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

15.799.353 14,129,498
800,728
534,074
50,000 113,558 199,213 825,294 342,424 211,219
0 17,206,008 15,799,353

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation

4,248,088 6,425,444

!

4,248,088

!

6,425,444

THURSDAY, FEBRUARY 12, 1998

677

Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund Total

559,587
5,347,889 625,000
17,206,008

$

559,587

$

3,941,234

$

625.000

$

15,799,353

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice ..................................$
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 ......................................................$ Health Services Purchases.............................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

185.518.692 109,418,846 11,449,175
1,201,273 128,000 466,775 438,855
1,884,885 1,191,008 8,533,838 3,338,520
693,989 3,382,927 18,607,910 21,286,552
0 8.997.601 191,020,154 185,518,692

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 Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Georgia Addiction Pregnancy
and Parenting Project Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Total

43,218,670 16,845,327 11,846,291 6,958,284 6,080,217 15,783,704 21,418,553 10,251,761 19,893,065
493,281 1,114,257 21,095,774
50,000 1,766,287
551,431 3,916,725 9.736,527 191,020,154

42,057,861 16,181,815 11,339,861 6,718,800 5,792,658 15,115,614 20,777,712 10,024,761 19,737,213
493,281 1,114,257 20,233,889
50,000 1,766,287
551,431 3,826,725 9.736.527 185,518,692

Section 19. Department of Labor. Budget Unit: Department of Labor......
Personal Services................................ Regular Operating Expenses............ Travel................................................... Motor Vehicle Purchases .................. Equipment...........................................

10.500.998 72,322,396 6,213,740 1,305,910
0 457,047

678

JOURNAL OF THE HOUSE,

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....................................................................?

3,058,815 1,888,123 1,465,339 60,500,000 3,157,943
0 1,774,079
0 152,143,392 10,500,998

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....................................................................?

13.274.252 12,272,365
718,135 179,322
0 27,686 311,601 826,548 140,424 260,000 147.000 14,883,081 13,274,252

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....................................................................?

1,179.984.690 17,102,396 5,814,019 188,400 0 51,500 42,878,090 765,380 525,000 99,734,768
3,201,238,814 772,500
3,369,070,867 1,179,984,690

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances Systems Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

?

1,823,493

? 3,201,238,814

?

50,348,074

?

2,314,233

?

9,380,394

?

3,854,589

?

5,466,700

?

4,938,853

?

89.705.717

? 3,369,070,867

$

871,641

? 1,134,870,479

?

11,527,182

?

870,497

?

3,613,357

?

1,654,454

?

2,733,350

?

2,354,050

?

21.489.680

? 1,179,984,690

B. Budget Unit: Indigent Trust Fund................................................?

148.828,880

THURSDAY, FEBRUARY 12, 1998

679

Per Diem, Fees and Contracts ......................................................$ Benefits.............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

8,200,000 368.962.635 377,162,635 148,828,880

Section 22. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Real Estate Rents ...........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications......................................................................^ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Other Agency Funds .......................................................................$ Agency Assessments........................................................................$ Employee and Employer Contributions ......................................$ Deferred Compensation..................................................................! State Funds Budgeted....................................................................!

300,000 9,209,855 2,498,301
111,100 41,453 866,109 191,288,143 3,412,707 445,820 890.662.994 1,098,536,482 1,162,915 11,153,613 1,085,568,416 351,538 300,000

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Personnel Practices Evaluation
Audits Total

$

3,294,263

$

5,665,972

$ 1,085,764,200

3,812,047

$

0

$ 1,098,536,482

300,000 0 0 0
0 300,000

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.......... ...............$
Personal Services................................................................. ............$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
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 ..........................................................................$

103.180.384 74,179,877 13,933,169
582,059 1,446,520 2,004,467 2,378,593 12,633,682 2,972,182 1,273,250
98,600 675,000 1,693,217
1,188,810 3,088,000
213,750 737,330 350,000 1,300,000 26,250

680

JOURNAL OF THE HOUSE,

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.......................................................$ 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....................................................................$

0 500,000
800,000 256,500 1,000,000
0
0 0
170,047 204,642
300,000
0 31,000 7,380,472 6,792,756
2,062,017 100,000 6,000
140,378,190
890,073
2,122,585
2,663,931
1,426,635 200,000
103,180,384

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

4,885,828 2,962,334 2,731,243
39,593,455 2,189,298 36,867,147 50,123,138 1.025.747 140,378,190

4,870,828 2,962,334 2,241,243
17,912,341 2,064,580 31,765,356 40,337,955 1.025.747 103,180,384

B. Budget Unit: Georgia Agricultural Exposition Authority .......................................
Personal Services........................ ........................... Regular Operating Expenses ...............................
Motor Vehicle Purchases ...............................................................$ Equipment................. .......................................................................$ Computer Charges....................... ....................................................$

0 2,677,702
1,993,200 25,000 30,000 100,000
20,000

THURSDAY, FEBRUARY 12, 1998

681

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 50,000 695,000
0 5,590,902
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

5,590,902

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....................................................................!

100.628.816
61,941,346 8,005,646
104,095 2,100,000
288,460 3,501,067
28,962 1,944,147
994,000 145,100
0 0 79,052,823 1,650,000 77,402,823

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....................................................................!

18,074,759 1,110,763
54,381 0
47,643
50,000 47,262 270,000 271,500
0 303,651
34,900
2.961.134 23,225,993
0 23,225,993

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

!

19,334,349

!

23,225,993

!

59.718.474

! 102,278,816

!

17,834,349

!

23,225,993

!

59.568.474

! 100,628,816

682

JOURNAL OF THE HOUSE,

B. Budget Unit: Units Attached for Administrative Purposes Only ..............................$
Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
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....................................................................$

14.162.878
8,147,049 2,608,334
97,663 0
217,303 153,819 154,997 172,113 524,390 2,425,200 3,536,527
0 18,037,395 14,162,878

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

3,051,769
1,417,555 1,179,198 1,133,947
464,482
10.790.444 18,037,395

327,252
1,417,555 1,089,198 1,023,947
464,482
9.840.444 14,162,878

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....................................................................!

15.110.000 575,000
14.535.000
15,110,000 15,110,000

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....................................................................!

8.482.241 7,389,185
643,921
277,556 204,500
61,826 399,811 330,108
158,378 1.266.590 10,731,875 8,482,241

Departmental Functional Budgets

Total Funds

State Funds

THURSDAY, FEBRUARY 12, 1998

Administration Transportation Utilities Total

2,185,724 3,561,341 4.984.810 10,731,875

Section 27. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Special Funding Initiative .............................................................$ Office of Minority Business Enterprise.......................................! Student Education Enrichment Program....................................$ Forestry Research............................................................................! Research Consortium......................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

B. Budget Unit: Regents Central Office and Other Organized Activities................................................!
Personal Services: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research........................................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center/ Economic Development Institute.............................................! Capitation Contracts for Family Practice Residency......................................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Mercer Medical School Grant.......................................................! Morehouse School of Medicine Grant.........................................! Capital Outlay.................................................................................! Center for Rehabilitation Technology.........................................! SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships............................................,.........................$ Rental Payments to Georgia Military College............................! CRT Inc. Contract at Georgia Tech Research Institute.......................................................................! Direct Payments to the Georgia Public Telecommunications Commission for Operations..................! Total Funds Budgeted....................................................................!

683
2,185,724 1,541,099 4.755.418 8,482,241
1.300.899.052
1,347,011,158 204,900,000
332,815,456 146,225,000 19,622,118
1,491,151 351,860 741,611
48,453,064 5.319.000 2,106,930,418 42,000,000 351,125,000 409,866,866 3,039,500 1,300,899,052
183,271,269
278,756,953 70,533,799
128,835,890 42,274,927
0 2,497,965
14,189,218
4,314,204 2,119,378
146,400 7,210,000 6,044,890
0 3,049,004 4,653,750 1,386,882
600,000 200,000 1,273,869
193,815
17.117.471 585,398,415

684

JOURNAL OF THE HOUSE,

Departmental Income.....................................................................$ Sponsored Income ...........................................................................$ Other Funds .....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

0 120,273,912 281,309,734
543,500 183,271,269

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

2,297,115 4,903,005 1,568,456 107,087,281 14,189,218 69,322,582 55,926,738
262,074,410
2,984,133
5,118,005 25,427,456 3,413,908
3,491,531 27,594.577 585,398,415

1,458,968 1,697,372 1,005,675 9,211,977 7,061,177 40,136,393 32,518,352
33,608,599
2,984,133
535,878 25,427,456
0
137,561 27.487.728 183,271,269

C. Budget Unit: Georgia Public Telecommunications Commission.......................................... ....................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................?

0 9,906,134 19.774.000 29,680,134 29,680,134
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund...................................................................................? Georgia Public Telecommunications Commission .....................$ Internet Connection Initiative ......................................................$ Special Funding Initiatives............................................................? Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................?

35,054,422
15,000,000 1,500,000 6,454,422 12.100.000 35,054,422 35,054,422

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......................................................?

103.880.873 60,489,292 5,221,372
1,366,540 120,000 410,048
12,600,530 2,886,194 2,711,370 1,250,237

THURSDAY, FEBRUARY 12, 1998

685

County Tax Officials/Retirement and FICA ..............................$ Grants to Counties/Appraisal Staff..............................................$ Motor Vehicle Tags and Decals. ...................................................$
Investment for Modernization ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

4,172,795 0
2,642,850 3,506,810 11.881.290 109,259,328 3,845,000 103,880,873

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

19,736,656 11,643,171 11,635,054 16,553,073 8,174,335 17,583,288 8,187,047 4,959,156 4,021,076
23,103 4,204,944 2.538.425 109,259,328

!

19,736,656

!

11,493,171

!

10,619,854

!

16,413,073

!

7,874,335

!

16,283,288

!

8,187,047

!

3,225,701

!

3,921,076

!

23,103

!

3,565,144

!

2.538.425

! 103,880,873

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....................................................................!

29.087.000 18,042,115 3,156,655
239,500 175,019 89,990 2,789,487 2,402,255 845,850 1,726,594 664.535 30,132,000 29,087,000

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

3,869,578 4,822,902 4,553,807 4,629,248 1,235,085
387,907 10,532,499
100.974 30,132,000

3,839,578 4,747,902 3,783,807 4,609,248 1,235,085
387,907 10,382,499
100.974 29,087,000

B. Budget Unit: Real Estate Commission.........................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................!

2.235.046 1,344,466
167,500 15,000

686

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$
Computer Charges......... ..................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

25,000 9,630 333,150 165,300 42,000 133.000 2,235,046 2,235,046

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

2,235,046

$

2,275,046

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....................................................................?

2.132.890 1,277,680
241,858 38,568 13,078 11,669 45,776 106,062 36,576 549,905 174.418 2,495,590 2,132,890

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....................................................................?

34,167,303 444,058 15,000 16,000 17,000 3,100 13,822 40,000 12,000 50,000 0
4,739,075 26,264,000
1,221,380 86,000 337,500 100,000 808,368 0
34,167,303 34,167,303

Departmental Functional Budgets

Total Funds

State Funds

THURSDAY, FEBRUARY 12, 1998

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

$

33,556,323

$

$

610.980

$

!

34,167,303

$

B. Budget Unit: Lottery for Education..............................................$ HOPE Financial Aid - Tuition .....................................................$ HOPE Financial Aid - Books........................................................$ HOPE Financial Aid - Fees...........................................................! Tuition Equalization Grants .........................................................$ Hope Scholarships - Private Colleges ..........................................$ Georgia Military College Scholarship ..........................................$ LEPD Scholarship ..........................................................................$ Teacher Scholarships......................................................................$ Promise Scholarships......................................................................$ Engineer Scholarships ....................................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

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....................................................................!

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.............................................................................!

687
33,556,323
610.980 34,167,303
204.195.380 95,910,165 26,643,606 20,946,256 21,051,971 27,180,000
640,200 249,736 10,000,000 1,003,446 570.000 204,195,380 204,195,380
4,070,000 5,544,716
378,425 20,500
0 14,300 815,736 518,566 190,302
335,650
3,750,000 320.000
11,888,195 4,070,000
236.500.566 5,632,485 596,890 161,380 0 187,271 653,288 749,575 912,165 129,033 14,608,836 16,098,788 1,062,342 5,749,075 0
172,937,986 48,866,744 6,137,718 18,962,976 3,584,407

688

JOURNAL OF THE HOUSE,

Quick Start Program ......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted..................................................................,.!

10.030.398 307,106,357
236,500,565

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

9,067,087 298.039.270 307,106,357

5,983,437 230.517.128 236,500,565

B. Budget Unit: Lottery for Education..............................................!
Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................$
Capital Outlay - Technical Institute Satellite Facilities........................................................................!
Equipment-Technical Institutes ...................................................$ Repairs and Renovations - Technical
Institutes.......................................................................................!
Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

5.441.500
1,040,000
0 4,401,500
0 5,441,500 5,441,500

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........................................! Special Airport Development Program........................................! Mass Transit Grants.......................................................................! Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................! Contracts with the Georgia Rail Passenger
Authority......................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

606.922.083 252,148,343 58,974,281
1,894,091 2,000,000 7,011,553 8,399,287 1,341,373 2,769,833 38,674,367 802,982,528
1,001,874 1,589,992 35,000,000 10,942,422
780,000
4.550.000 1,230,149,944
606,922,083

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

886,176,749 244,240,628 12,932,803 29.093.905 1,172,444,085

287,175,190 231,816,643 12,372,803 28.310.230 559,674,866

General Funds Budget

Planning and Construction Air Transportation

0 1,871,114

0 1,451,103

THURSDAY, FEBRUARY 12, 1998

Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

55,054,745
780.000 57,705,859

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service..... ............................$
Personal Services................................................. ............................$ Regular Operating Expenses .........................................................$

Motor Vehicle Purchases ...............................................................$ Equipment.............................................................. ..........................$ Computer Charges.. .........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Operating Expense/Payments to Medical College
of Georgia .....................................................................................$ Regular Operating Expenses for Projects and
Insurance ......................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

Departmental Functional Budgets

Total Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

21,259,462 7.471,422 28,730,884

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....................................................................!

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).......................................................!

689
45,016,114
780,000 47,247,217
20.481.548 5,156,689
180,263 92,245
0 201,495 20,400 248,700 67,500 14,158,810 686,260
7,420,422
498.100 28,730,884 20,481,548
15,548,518 4.933.030 20,481,548
10.918.457 8,826,969
407,287 111,345
0 5,160 315,919 I,079,835 166,902 195,040
0 II,108,457 10,918,457
534,342,132 35,000,000 569,342,132
22,657,482 0
22,657,482

690

JOURNAL OF THE HOUSE,

Section 38. Provisions Relative to Section 3, Judicial Branch. The appro priations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the
reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges
and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant
District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which
funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and
the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the
Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State
Court Judges.

Section 39. Provisions Relative to Section 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 Adminis trative Services.

Section 40. Provisions Relative to Section 7, Department of Community
Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by
the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Warner Robins City of Atlanta Whitfield County Richmond County Bibb County Muscogee County

Operating Funds for the Aviation Museum
Clark Atlanta University's
Public Access and Teacher Education Program
Funds for Automated Fingerprint and Information System in Whitfield County
Funds for Automated Fingerprint
and Information System in Richmond County Funds for Automated Fingerprint and Information System in Bibb County
Funds for Automated Fingerprint

$ 90,000 $ 325,000 $ 110,000 $ 110,000 $ 110,000

THURSDAY, FEBRUARY 12, 1998

Clark County
Fulton County Development Authority
City of Albany
Effingham County Board of Education
Cobb County
Cobb County
Cobb County
City of Lilburn
City of Jeffersonville
Jones County
Jefferson County
DeKalb County
Fulton County
City of Quitman
Echols County Board of Education
City of Kennesaw
City of Pearson
City of Willacoochee
City of Clarkston City of Warner
Robins
DeKalb County
Tattnall County Board of Education
Pike County
Newton County
Fulton County
DeKalb County
DeKalb County

and Information System in Muscogee County Funds for Automated Fingerprint and Information System in Clark County Funds for Fulton County Development Authority for a business assistance project Funds for the planning and design of the Flint River Center Media Centers for Effingham County School System For CampbeU High School athletic facility Computer Equipment for King Springs Elementary Operation of the Blind and Low Vision Program Park improvements for the City of Lilbum Improvements to City of Jeffersonville facilities Equipment for the Jones County Fire Department Purchase computers for Jefferson County Sheriffs Department Operating Funds for Southwest YMCA Operation of St. Judes Recovery Center Improvements to City of Quitman City Park Repairs to Echols County High School gymnasium Improvements to baseball stadium in City of Kennesaw Improvements to City of Pearson recreational facilities Improvements to Willacoochee City Hall Repairs to Clarkston City Hall Mission Quest Flight Simulator Center at the Museum of Aviation For Georgia Women's History Study Operation of Tattnall County Health Outreach Program Construction of tennis courts for Pike County Purchase recreation equipment for Newton County
Operation of Fulton County
Horticulture Program
Operation of South DeKalb
Business Incubator
Operation of South DeKalb Choir

691
$ 110,000
$ 110,000
$ 525,000 $ 1,447,727 $ 40,000
5,000 15,000 5,000 10,000 20,000 20,000 20,000 30,000 25,000 30,000 20,000 20,000 7,500 7,500 10,000
450,000 25,000 10,000 25,000 5,000 10,000 10,000 5,000

692
Murray County
Columbia County
McDuffie County
Henry County Atlanta-Fulton Public
Library Foundation
DeKalb County
Gwinnett County
Troup County
Coweta County
City of Tignall
Fulton County
Hall County
Cobb County Board of Education
Bacon County City of Tybee City of Berlin
Macon County
Gwinnett County Board of Education
WUkes County
Clarke County
City of Dalton
Cobb County
City of Kennesaw
City of Acworth
Wilkes County Cobb County Board
of Education City of Hazelhurst
City of Augusta

JOURNAL OF THE HOUSE,
Construction of Murray County Animal Shelter
Operation of Columbia County Historical Society
Operation of McDuffie County Historical Society
Paving for Hidden Valley Park Purchase computer equipment and
materials for Roswell Regional Library Operation of the Youth Prevention Program Construction of Fallen Heroes Park Monument Operation of Troup-Harris-Coweta Regional Library Coweta County playground equipment for handicapped children Purchase fire department equipment for City of Tignall Operation of Fulton County Library Foundation - Roswell Operation of Hall County Humane Society Outdoor classroom for Cobb County School System Operation of Bacon County Airport Tybee Island Lighthouse Operating Expenses for the City of Berlin For the Macon County Public Safety and Civil Defense Facility Equipment for Meadowcreek High School Purchase Equipment for Wilkes County EMS Operation of the Athens-Clarke County after school program Operation of the Northwest Georgia Girls Home Construct physical education facility at Pebblebrook High School Renovation of Old Fire Station into recreational facility Renovation of Acworth Coats and Clark Ballfield Wilkes County Airport Development Construction of South Cobb High School Athletic Field House Construct an asphalt recycling plant in Hazelhurst Plan and design of the renovation
of the Warren A. Candler Building

$ 15,000

$

7,500

$

7,500

$

5,000

$ 20,000

$

5,000

$ 25,000

$

5,000

$

5,000

$ 5,000 $ 20,000 $ 5,000 $ 15,000 $ 5,000 $ 5,000 $ 5,000 $ 7,000 $ 25,000 $ 5,000 $ 20,000 $ 30,000

$ 35,000 $ 10,000 $ 10,000 $ 35,250 $ 75,000 $ 250,000

$ 950,000

Lamar County City of Trenton City of Lafayette
Walker County Walker County City of Chickamauga City of Fort
Oglethorpe Murray County
Lumpkin County
Gilmer County Fannin County Rabun County Union County Towns County White County White County City of Fairmont Gordon County
Gordon County
City of Adairsville
City of Cave Spring
City of Bremen City of Buchanan City of Tallapoosa

THURSDAY, FEBRUARY 12, 1998
Construct an agricultural livestock facility
Renovation to convert Trenton City pool to indoor pool
Construction of bathroom facilities and recreation improvements for City of Lafayette recreation department
Renovation to ball fields for Naomi Community
Wallaceville Community Center operations
Renovation of park at Crawfish Springs
Fort Oglethorpe fire department improvements and community downtown project
Remodeling of the Chamber of Commerce Building in City of Chatsworth
Construction of natural gas lines to Lumpkin County Industrial Park
Restore and microfilm Gilmer County court records
Renovate Fannin/Gilmer County Humane Shelter
Equipment and operations for Mountain City, Youth and Rescue
Recreation concession stand for Union County
To Purchase an emergency generator for Towns County
Operation of White County Recreation Board
Operation of White County Library To purchase frontend loader
for City of Fairmont Purchase of van for transport
of clients to Gordon County Training Center Calhoun-Gordon County Council on Battered Women, Inc. for repairs and ADA improvements to Battered Women's Shelter Renovations and repairs to the City of Adairsville Police Department Replacement of Cave Spring sewer lines and repairs to water system in Rolator Park Operation of recreation program at City of Bremen
Operation of recreation program at City of Buchanan
Operation of recreation program
at City of Tallapoosa

693
$ 300,000 $ 10,000
$ 15,000 $ 10,000 $ 10,000 $ 10,000
$ 10,000
$ 25,000
$ 20,000 $ 25,000 $ 10,000 $ 50,000 $ 15,000 $ 14,000 $ 17,500 $ 6,500 $ 24,000 $ 26,000
$ 10,000
$ 25,000
$ 50,000 $ 15,000 $ 15,000 $ 15,000

694
City of Waco Haralson County
Hall County Stephens County
City of Toccoa
Banks County Stephens County
City of Bowersville
City of Franklin Springs
City of Canon Hart County Board
of Education
Franklin County Board of Education
City of Kingston
City of Smyrna Cobb County Board
of Education City of Smyrna
Cobb County
City of Marietta
City of Marietta City of Acworth
City of Kennesaw City of Kennesaw
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board

JOURNAL OF THE HOUSE,
Operation of recreation program at City of Waco
Operation of recreation program at Haralson County
Construction of new shelter for Hall County Humane Society
Operation of Northeast Georgia Boys and Girls Club
Equipment for Police Department for City of Toccoa
Operation/equipment for Banks County volunteer fire department
Equipment for fire, recreation and sheriffs departments of Stephens County
Operation of water system City of Bowersville
Improvements to City of Franklin Springs water system
City of Canon park improvements Purchase of uniforms and equipment
for Hart County High School band Replacement of boiler and equipment for cannery in Franklin County Completion of annex to Kingston Women's Club Museum City of Smyrna for operation of blindAow vision services King Springs Elementary Schoolpurchase computer and technology equipment Restoration and preservation of historical site in Smyrna Operation of Cobb County Youth Museum Marietta Museum of History-repairs to historical building Maintenance plan for grounds at Marietta Confederate Cemetary For recreation fields and parking lots at Pop Willis Field in City of Acworth Improvements to railroad crossings in City of Kennesaw Design and renovation of Old Kennesaw Elementary School Construction of outdoor classroom for Blackwell Elementary School Purchase computers for Sprayberry High School Lassiter High School-improvements to restroom facilities in stadium and physical education
fields Additional lighting in hallways and

15,000 15,000 50,000 5,000 15,000 10,000
30,000
10,000
20,000
20,000
20,000
$ 5,000 $ 25,000 $ 10,000
$ 15,000 $ 25,000 $ 25,000 $ 10,000 $ 25,000
$ 25,000 $ 9,000 $ 20,000 $ 10,000 $ 10,000
10,000

of Education Cobb County Board
of Education City of Alpharetta
City of Alpharetta
Fulton County Schools
Fulton County Fulton County Fulton County City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of East Point DeKalb County City of Clarkston
City of Atlanta
DeKalb County
DeKalb County
DeKalb County Board of Education
DeKalb County Board of Education
City of Decatur
DeKalb County

THURSDAY, FEBRUARY 12, 1998
gym for Lassiter High School Paving at Lassiter High School
stadium and girls' softball field Construction of a building for
the Alpharetta Environmental Education Center Equipment and renovations for Alpharetta Police Youth Athletic League Renovation and improvements to outdoor environmental education classrooms at Dolvin and Finley Oaks elementary schools Expansion and renovation of the Williams-Payne Museum Operation of Georgia Council for the Hearing Impaired, Inc. Operation of ACHOR Center Operation of Basketball, Inc. after school tutorial program Operation of West Hunter St. Baptist Church after school tutorial and athletics program To operate Beulah Baptist Church Saturday School Tutorial Renovation of House of Hope Mission Operation of Springs of Life Family Life Program To operate City East Point swimming pool Repair of storm water pipes at Zonolite Drive Industrial Park Renovation of Arts and Cultural Center at Old Clarkston High School Renovate facilities, purchase recreation equipment and operate after school tutorial/care at East Atlanta YMCA Repairs for Shoal Creek Park field house and installation of bleachers at Little League Park To assist various DeKalb County communities with beautification clean up To operate the School of Excellence-Star Jacket Awards Program and replace old gym equipment at Columbia High School Purchase of instruments for Towers High School Band To operate Decatur Arts
Academy summer programs for middle school youth Feasibility study for DeKalb County Convention Center

695 $ 10,000 $ 10,000
$ 25,000
$ 10,000
$ 15,000 $ 15,000 $ 10,000 $ 50,000 $ 40,000 $ 25,000 $ 10,000 $ 40,000 $ 35,000 $ 50,000 $ 20,000
$ 35,000
$ 50,000
$ 18,000
$ 15,000
$ 5,000 $ 5,000
$ 10,000 $ 40,000

696
DeKalb County
DeKalb County
DeKalb County
DeKalb County
Gwinnett County Board of Education
Gwinnett County Board of Education
City of Duluth
City of Buford
Gwinnett County
Gwinnett County
City of Social Circle Clarke County Board
of Education Clarke County Board
of Education Clarke County
City of Athens
Clarke County
Clarke County
City of Tignall
Lincoln County
Wilkes County Board of Education
Lincoln County
Morgan County
Newton County
Newton County
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education

JOURNAL OF THE HOUSE,
Operation of South DeKalb Community Development Corporation
To operate and equip the Royal Ambassadors Program
Operation of Gresham Park Baseball and Softball Association
To furnish the Comprehensive Addiction Rehabilitation Program medical clinic
Renovation and expansion of Parkview High School Stadium
Operation of Meadowbrook High School athletic fields
Develop and complete recreational fields at Duluth City Park
Grading for new school in City of Buford
Physical education facilities at Lanier Middle School
Operation of North Gwinnett Girls' Softball Field
Renovation at historic Gunter Hall Operation of Safe Campuses
Now Foreign language classes at David
C. Barrow Elementary School To provide a security fence at
Hope Haven facility in Clarke County To operate Project Grand Slam in Clarke County Athens Tutorial Program after school activity Operations of The Creative Visions Foundation, Inc. Repair/renovation of City of Tignall community center Fence/restoration of log cabin in Lincoln County historical park Lighting for Wilkes County High School baseball field Planning for Lincoln County Economic Development Operation of Agricultural Center in Morgan County Renovation to historic Gaither Plantation Playground equipment for Newton County Operating funds for athletic program at Riverdale Middle School To purchase band uniforms at
North Clayton High School Playground equipment for Church
St Elementary School
Playground equipment-Northcutt Elementary School

$

5,000

$ 5,000

$ 25,000

$ 5,000

$ 35,000

$ 25,000

$ 40,000

$ 20,000

$ 15,000

$$

25,000 7,000

$ 40,000

$ 25,000

$ 12,000

$

5,000

$ 15,000

$ 10,000

$

5,000

$ 15,000

$ 20,000

$ 20,000

$ 100,000

$ 50,000

$

5,000

$

5,000

$ 10,000

$

5,000

$

5,000

THURSDAY, FEBRUARY 12, 1998

Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County
Clayton County
Carroll County Board of Education
Carroll County Board of Education
Carroll County
Coweta County
City of Newnan
City of McDonough
Henry County
City of Stockbridge
Butts County
City of Flovilla
City of Locust Grove
City of Culloden
Jasper County Board of Education
City of Monticello
Putnam County Recreation Authority
Oglethorpe County
Greene County

Operating funds for athletic program and band uniforms for Riverdale High School
Playground equipment-E.W. Oliver Elementary
Operating funds for athletic program-North Clayton High School
Playground equipment for West Clayton Elementary School
Playground equipment for Riverdale Elementary School
Operating funds for athletic program at North Clayton Middle School
Operation of Alzheimers home in Clayton County
Operations of Calvary Refuge Homeless Shelter
Operations of athletic complex at Villa Rica High School
Operations of athletic complex at Mt. Zion High School
Operations of athletic complex at Carroll County Recreation Department
Purchase of eight defibrillators for Coweta County Fire Department
To restore railroad depot for Newnan-Coweta Historical Society
Infrastructure improvements for stormwater drainage for City of McDonough
Lighting and asphalt paving on tennis courts at Hidden Valley Park
New park facility for City of Stockbridge
Purchase video cameras and radar for Butts County sheriff department
Install emergency generator in City of Flovilla Fire Department
Purchase in-car cameras for patrol cars for City of Locust Grove
Culloden community center/ historic schoolhouse renovation
Jasper County athletic facility renovations and band uniforms
City of Monticello park construction/equipment and downtown historic renovations
Improvements to recreation
facilities in Putnam County
Renovation to Shaking Rock
Park
Renovation to historic

697
10,000 5,000 10,000 5,000 5,000
5,000 75,000 25,000 10,000 10,000
25,000 20,000 10,000
10,000
10,000 10,000
14,500 20,000
24,000 25,000 30,000
30,000 7,500 7,500

698
City of Harlem Columbia County City of Harlem Columbia County Columbia County Columbia County Board
of Education Richmond County Richmond County Board
of Education Richmond County
Richmond County Board of Education
Richmond County Richmond County City of Augusta City of Waynesboro City of Augusta City of Augusta
City of Augusta Richmond County Board
of Education Glascock County Warren County
Glascock County Glascock County
City of Gibson Hancock County City of Sparta Washington County Jefferson County

JOURNAL OF THE HOUSE,
Greene County jail Renovation and beautification to
entrance ways to City of Harlem Purchase playground equipment for
Westmont Elementary School Purchase equipment for
City of Harlem Lights for Lakeside High
School baseball field Playground equipment for
Riverside Park Landscaping to repair erosion
at Bel Air Elementary School Renovation to marshal's substation Equipment for CSRA Law
Enforcement Training Center Conservation treatment for
sixty-two flags and banners in Augusta-Richmond County Museum Westside High School improvements to field house To build a portico onto the Woodrow Wilson House Operation of Easter Seals in Richmond County Operation of Woodrow Wilson historic home Improve historic/commercial district of City of Waynesboro Operation of health program at Beulah Grove Resource Center Operation of Augusta - Richmond Opportunities Center after school program To construct a recreation complex in east Augusta Purchase playground equipment for Hephzibah Elementary School Operations of the Glascock County recreation department Warren County EMS radio equipment and two external defibrillators Glascock County to purchase radar and intoximeter Purchase two external defibrillators for Glascock County EMA Purchase and equip surplus vehicle for City of Gibson Operate Hancock County recreation programs and summer day camp City of Sparta equipment to
lower fire rating Purchase a Washington County
fire truck
Purchase of land for a

$ 65,000 $ 10,000 $ 5,000 $ 10,000 $ 25,000 $ 25,000 $ 5,000 $ 15,000 $ 5,000
$ 15,000 $ 5,000 $ 5,000 $ 10,000 $ 100,000 $ 50,000 $ 25,000
$ 25,000 $ 50,000 $ 5,000 $ 10,000
$ 10,000 $ 10,000
$ 3,000 $ 10,000 $ 10,000 $ 10,000 $ 40,000

Baldwin County Baldwin County Baldwin County City of Jeffersonville Jones County City of Gordon
Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Peach County
Peach County Meriwether County Meriwether County Muscogee County City of Columbus City of Columbus
Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County
Muscogee County
Muscogee County Muscogee County

THURSDAY, FEBRUARY 12, 1998
Jefferson County park Improvements at Baldwin
recreation department Equipment for new fire station
in Baldwin County Design/construct Milledgeville/
Baldwin County 2000+ project Develop and plan for addition
to Jeffersonville fire station Replace fire trucks in
Jones County Renovation/restoration of old
railroad depot in City of Gordon Operations of Disabilities Connection Operation of Hay House Operation of Middle Ga. Council on Drugs Operation of Harriet Tubman Museum Operation of Macon Little League Operation of Booker T. Washington Center Relocation of waste water lift station and sewer lines in Peach County for City of Byron Study to determine water and sewer needs of Peach County Operate and equip Meriwether County recreation program Operate/designate FDR/Warm Springs Welcome Center Operation of Project Stars in Talbot County Columbus Community CenterOperation of Outreach Program City of Columbus operation of Play and Learn Together Program Operation of Bridge Program (GED) Operation of Summer Tutorial program combined communities Operation of youth and recreation facility Operation of Easter Seals program Operation of Springer Opera House Operation of Boys Club/ Phoenix City, Inc. outreach program Operation of Columbus Consolidated Government/Records Management Center
Operation of Two Thousand Opportunities Inc.
Operation of Liberty Theater

699
$ 50,000 $ 50,000 $ 25,000 $ 20,000 $ 20,000 $ 20,000
$ 60,000 $ 50,000 $ 30,000 $ 15,000 $$ 25,000
15,000
$ 15,000
$ 75,000 $ 25,000 $ 40,000 $ 10,000 $ 25,000 $ 30,000
$ 15,000 $ 25,000 $ 25,000 $ 5,000 $ 40,000
$ 75,000
$ 120,000
$ 110,000
$ 50,000 $ 75,000

700
Muscogee County
City of Americus City of Americus
Crisp County
City of Unadilla
City of Hawkinsville
Pulaski County
Macon County Board of Education
Houston County
Bleckley County Board of Education
City of Rentz
Dodge County Board of Education
Bleckley County
Dodge County
City of Rhine
City of Milan
Dodge County
Dodge County Board of Education
Laurens County Board of Education
City of East Dublin
City of Dudley
Emanuel County
Emanuel County
City of Kite
Truelten County Board of Education
City of Twin City
City of Swainsboro
City of Wrightsville

JOURNAL OF THE HOUSE,
Operation of A.J. McClure YMCA after school program
City of Americus parks renovation Renovation of Rylander Theater
in City of Americus Repair and renovation of the
Cordele Little Theater Improvement to City of Unadilla
wastewater treatment operation Purchase equipment and computers
for Hawkinsville library Study of consolidation of
city/county government in Pulaski County Funds to address and map Macon County Operation of Perry/Houston County Airport Construction of tennis courts in Bleckley/Cochran County Water, sewer and land for new schools in City of Rentz Band uniforms for Dodge County school Operation of Bleckley County Sheriffs Department Operation of Eastman/Dodge County Arts Council Repair to City of Rhine Community Center Water and sewer for City of Milan Purchase computer equipment for Dodge County Construct softball fields for Dodge County schools Replacement of wrestling mats at East Laurens, West Larens and City of Dublin high schools Improvements to water and sewer systems in City of East Dublin Funds to purchase land, water and sewer for City of Dudley Purchase equipment for library Emanuel County Improvements to Emanuel County auditorium and recreation complex Improvements to City of Kite recreation complex Renovation and improvements to Treutlen County auditorium athletic complex Improvements to Twin City community center
Renovations to Swainsboro City Hall
Improvements to Wrightsville

$ 25,000 $ 25,000 $ 75,000 $ 25,000 $ 25,000 $ 10,000
$ 25,000 $ 50,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 7,500 $ 15,000 $ 5,000 $ 5,000 $ 7,500 $ 15,000
$ 25,000 $ 25,000 $ 50,000 $ 10,000 $ 50,000 $ 5,000
$ 10,000 $ 7,500 $ 10,000

THURSDAY, FEBRUARY 12, 1998

Candler County Bullock County City of Statesboro City of Springfield Effingham County Board
of Education Effingham County Effingham County Effingham County Effingham County City of Guyton City of Savannah City of Savannah Town of Thunderbolt City of Savannah City of Savannah City of Savannah City of Savannah City of Pooler
Chatham County City of Savannah City of Savannah
City of Richmond Hill Evans County Board
of Education Tattnall County Board
of Education City of Vidalia
City of Lyons
Montgomery County

recreation complex Metter/Candler community
center - installation of hip roof Construct Mill Creek Park
picnic pavilion with restrooms Operation of Statesboro Bulloch
recreation department Operation of bi-centennial
program in City of Springfield Establish/improve baseball
facilities at Effingham County high schools Renovation/relocation of one-room school house Purchase an air bag system setup for Faulkville Community Purchase a handicap-accessible van for Effingham County Renovations to the Effingham County Courthouse Renovate the City of Guyton gymnasium Roof replacement/renovation of King Tisdell/Beach Institute Operations of Chatham/Savannah Youth Services Corp Purchase fire truck for the Town of Thunderbolt Restoration of steam locomotive Restoration of Old Charity Hospital Restoration of Moses Jackson School Monument in honor of the the African American Family Renovation/purchase of recreational equipment for City of Pooler athletic fields To purchase recreation equipment for City of Georgetown Renovation of the Carnegie Library Stabilize and restore structures at Central of Georgia Railway National Landmark Computer hardware for Richmond Hill Public Library Purchase of computer hardware for Claxton Public Library Computer hardware for Glennville Public Library Equip/renovate City of Vidalia recreation fields and playground
Equip/renovate Partin Park
in City of Lyons
Renovate City of Mt. Vernon
and Montgomery County recreation
areas

701

$

7,500

$ 20,000

$ 20,000

$ 58,000

$ 11,000

$ 20,000 $ 5,000 $ 4,000 $ 10,000 $ 20,000 $ 10,000 $ 5,000 $ 25,000 $ 20,000 $ 25,000 $ 10,000 $ 10,000

$

5,000

$

5,000

$

5,000

$ 25,000

$ 25,000

$

6,000

$

6,000

$

6,000

$ 20,000 $ 20,000

$ 15,000

702
Wheeler County Ben Hill County Irwin County Wilcox County
Ben Hill County City of Ocilla Wilcox County
Wilcox County Board of Education
Irwin County City of Stunner City of Sycamore
City of Warwick City of Rebecca Quitman County Board
of Education Randolph County Board
of Education Calhoun County Board
of Education Clay County Board
of Education Chattahoochee Board
of Education Randolph County
City of Cusseta City of Dawson Marion County Webster County
Terrell County
City of Blakely

JOURNAL OF THE HOUSE,
Equip/renovate Alamo and Glenwood recreation
Equipment for Ben Hill volunteer fire stations
Display cabinets for artifacts at Jeff Davis State Park Museum
Operation of Wilcox County rural fire department at Cedar Creek
Softball fields and improvements at Paulk Park
Operation of Ocilla little league baseball fields
Design/construct lighting for Wilcox County recreation department little league ball park
Purchase vocational equipment for Wilcox County High School
Equipment for Irwin County volunteer fire stations
Purchase of recreation equipment for City of Sumner
Purchase recreation equipment, land and improvements for City of Sycamore
Purchase of recreation equipment Repairs and improvements to
City of Rebecca water system Purchase of equipment for
Quitman Community Elementary School Repairs to leaks at Randolph/ Clay Middle School Relocation of exhaust fans in gymnasium at Calhoun Elementary School Purchase furniture, desks and new lab computers for new Clay County Elementary School Purchase media equipment for Chattahoochee County Education Center Purchase vehicles for Randolph County rural public transportation program Well system for City of Cusseta Equip and operate the Community Development office Lighting for Marion County ballfields Expansion of Webster County Agriculture Education Center
Hanger construction at Terrell County Airport
Renovation of historic theater in Blakely

$ 20,000 $ 10,000 $ 15,000
$ 10,000 $ 10,000 $ 15,000
$ 20,000 $ 15,000 $ 10,000 $ 10,000
$ 25,000 $ 10,000 $ 10,000
$ 25,000 $ 20,000
$ 9,000
$ 25,000
$ 65,000
$ 11,150 $ 96,000 $ 25,000 $ 30,000 $ 20,000 $ 25,000 $ 10,000

City of Donalsonville Baker County City of Albany
Dougherty County City of Baconton City of Doerun Mitchell County Sale City City of Camilla Mitchell County
Mitchell County City of Pelham Tift County City of Norman Park Tift County City of Nashville Cook County City of Nashville City of Enigma City of Sparks City of Lenox Cook County City of Alapaha Coffee County
City of Douglas City of Willacoochee City of Pearson Atkinson County City of Ambrose

THURSDAY, FEBRUARY 12,1998
Renovation of Olive Theater Develop age appropriate children's
program Operations of SAFEC-Parenting
classes and after school tutorial programs and youth apprenticeship Renovate and repair Easter Seal facility Purchase equipment and computer upgrades Renovation of Doerun City Hall Building Operations of Smart Teens Primary Prevention Program Purchase computer upgrades and office equipment Renovate old gymnasium and tennis courts Construction of shed for fire trucks for Greenough volunteer fire department Install a new water well for Cotton volunteer fire department Upgrade City of Pelham recreation facilities Equipment for Tift County volunteer fire department Equipment for Norman Park volunteer fire department Purchase bullet proof vests and drug dog for Tift County sheriff Construction of sidewalk on West Hull Street Lighting for little league ball fields in Cook County Playground equipment for Memorial Park Repair roof of Senior Citizen Center Installation of street signs in City of Sparks Equipment for rural doctors office owned by City of Lenox Equipment for Alzheimer Day Care Center Street lighting for City of Alapaha Equipment for volunteer fire department and an Oak Park zoning plan in Coffee County Purchase equipment for youth recreational activities Equipment/repairs of athletic fields
Equipment/repairs to athletic fields Comprehensive Atkinson County plan Renovations for Ambrose City
Hall & Voting Precinct

703
$ 15,000 $ 20,000
$ 20,000 $ 15,000 $ 5,000 $ 20,000 $ 10,000 $ 5,000 $ 25,000
$ 10,000 $ 5,000 $ 25,000 $ 15,000 $ 10,000 $ 10,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 3,000 $ 20,000 $ 3,000 $ 5,000
$ 10,000 $ 15,000 $ 3,000 $ 3,000 $ 20,000
$ 10,000

704
City of Broxton City of Waycross Ware County Ware County Board
of Education Brantley County City of Patterson City of Alma Pierce County City of Offennan City of Blackshear Bacon County
Charlton County City of Nahunta City of Hoboken Appling County Board
of Education City of Denton Wayne County
Wayne County Appling County
Development Authority Telfair County Jeff Davis County City of McRae Jeff Davis County Jeff Davis County
Jeff Davis County Board of Education
Jeff Davis County
City of Baxley
Long County

JOURNAL OF THE HOUSE,
Renovation and computers for City Hall and Broxton Police
Promotion of City of Waycross, Ware and Pierce County Tourism
Funds for recreational programs in Ware County
Pilot program for development of Consumer Economic Education program for K-12
Operation of the Brantley County Construct T-ball field
in City of Patterson Tree and bush beautification
project City of Alma Operation of Pierce County Lee
Street Resource Center Operating expenses for
City of Offerman Tree and bush beautification project Operation of Alma-Bacon County
Department of Intergovernmental relations St. George Winoker race pond and county beautification project Law enforcement equipment for City of Nahunta Recreation improvements for the City of Hoboken Operation of Alternative School Assistance Operation/equipment for recreation program Operation/equipment for Wayne County Madray Springs Fire Department Operation/equipment for Wayne County K'ville Fire Department Economic development planning Equipment for Telfair County Horse Creek fire department Improvements to the Jeff Davis County Courthouse grounds Improvements to City of McRae City Hall Operation of Jeff Davis County local welcome center Operation of fire department and community center for Snipesville Community Computer networking for Jeff Davis Board of Education
Equipment for emergency command vehicle for Jeff Davis County EMS
Water and Sewer upgrades for City of Baxley
Law enforcement equipment

$ 10,000 $ 10,000 $ 25,000
$ 20,000 $ 10,000 $ 5,000 $ 5,000 $ 20,000 $ 5,000 $ 5,000
$ 45,000 $ 5,000 $ 5,000 $ 5,000 $ 15,000 $ 5,000
$ 5,000 $ 5,000 $ 10,000 $ 5,000 $ 5,000 $ 25,000 $ 5,000
$ 10,000 $ 5,000 $ 5,000 $ 25,000

THURSDAY, FEBRUARY 12, 1998

Wayne County City of Jesup City of Odum City of Screven City of Ludowici Liberty County Liberty County Glynn County Glynn County City of St. Marys City of Hahira Clinch County Lanier County Board
of Education Lowndes County Chamber
of Commerce Lowndes County
Brooks County Brooks County
Brooks County Brooks County Echols County Board
of Education City of Quitman
City of Lake Park
City of Social Circle
Cobb County Fulton County City of Savannah City of Tybee Island

for Long County Construction of animal shelter
in Wayne County Downtown Revitilization for
City of Jesup Repair to Odum City fire
department station Repairs to City of Screven
sewage facilities Repair to City of Ludowici
back up water facility Renovation of buildings at
Seabrook Village Foundation, Inc. Operation of Coastal Medical
Assistance Clinic Improvements to Neptune
Park in Glynn County Repairs to Baldwin Park
in Glynn County Purchase equipment for City
of St. Marys Hahira City Hall renovation Equipment for Clinch County
Emergency Management Renovation on field house
for Lanier County Lowndes County operations of
Drugs Don't Work Program Purchase police equipment and
beautification of historic district of City of Remerton Equipment and operations Brooks County volunteer fire departments Brooks County Museum and Cultural Center replacement of roof and other repairs Replacement of roof and other repairs Work on the Quitman Recreation Project ball field Equipment and repair to Echols County High School gymnasium Quitman recreation projectcontinuation of work on ball field and recreational park Rescue boat and equipment for volunteer fire department of Lake Park Acquisition and construction of city park including off street parking for City of Social Circle
Restoration of C-130 in Cobb County
Operation of Georgia Women's
History Context Study project
Operation of Coastal Conservation
Renovation of Tybee Lighthouse

705
$ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 20,000 $ 20,000 $ 60,000 $ 25,000 $ 10,000 $ 25,000 $ 10,000
$ 50,000 $ 10,000
$ 15,000 $ 15,000 $ 15,000 $ 15,000
20,000
10,000
$ 25,000 $ 30,000
$ 30,000 $ 25,000 $ 100,000

706
Tattnall County Board of Education
City of Alapaha City of Georgetown Richmond County
Augusta Housing Authority
City of Senoia City of Mount Zion
City of Atlanta
Cobb County Board of Education
Taliaferro County DeKalb County
DeKalb County Clayton County Board
of Education Clarke County City of Lavonia
Gwinnett County Board of Education
City of Adairsville
Bartow County
City of Austell Gwinnett County Board
of Education City of Homeland
Clinch County
City of Ray City Town of Fargo
Town of Alapaha
Nashville County
Brantley County
Montgomery County Development Authority
Pierce County
City of Offerman City of Lyons

JOURNAL OF THE HOUSE,
Purchase of materials for Vo-Ag Facility
Purchase Little League equipment Installation of new sewer system Operations of Trinity School
in Augusta Operations of Golden Harvest
Food Bank Purchase sewage pump truck Purchase of property for the
City of Mount Zion Feasibility study for agri-science
program at Carver High School Purchase lights for Harrison
High School baseball field Renovation of Locust Grove Cemetery Operation of DeKalb Historical
Society Operation of South DeKalb Incubator Operation of Project
Decision Operations of Safe Campuses Now Construction of multi-purpose
recreation field Construction of athletic facility
at Collins High School Purchase equipment for Folsom
volunteer fire department Purchase equipment for Pine Log
volunteer fire department Purchase computer equipment Renovation of athletic field
facilities at Parkview High School Purchase land/construct emergency
access on US#1 overpass for emergency vehicles Purchase aircraft for Clinch County Sheriffs Department for locating marijuana fields Repairs to Ray City water well Purchase of equipment to establish a community library Construction of a fence and drainage system for existing park Repairs to Nashville County Courthouse Square Purchase of equipment for volunteer fire department to be shared by both Brantley and Pierce Counties Operations of Montgomery County Development Authority Equipment/computers for Pierce
County Resource Center for "At Risk" students studying for GED Purchase equipment for City Hall
Purchase recreational equipment for Partin Park

$ 15,000

$

5,000

$ 25,000

$ 10,000
$ 20,000 $ 10,000 $ 20,000 $ 10,000 $ 10,000 $ 30,000 $ 15,000 $ 10,000 $ 30,000 $ 40,000 $ 25,000 $ 50,000 $ 10,000 $ 10,000 $ 35,000

$ 50,000

$ 20,000

$ 10,500 $ 11,000
$ 19,375
$ 12,500
$ 20,000

$ 15,000 $ 10,000

$ 12,000

$

5,000

$ 10,000

THURSDAY, FEBRUARY 12, 1998

City of Hoboken
City of Screven
City of Graham
Toombs County Board of Education
Glynn County Dooly County
Clarke County
Oconee County
Bibb County
City of Warrenton
Ogelthorpe County City of Lincolnton Washington D.C.
Hall County
Richmond County
McDuffie County Richmond County
Richmond County
Richmond County
City of Avera
City of Euharlee
Paulding County Board of Education
City of Aragon City of Cartersville
City of Dallas City of Rockmart
City of Cedartown City of Atlanta
Treutlen County Board of Education
Emanuel County
Wheeler County City of Milledgeville

Purchase lights and equipment for ball field
Paint and repair City of Screven City Hall
Extension of city sewer line for City of Graham
Purchase land for parking lot for high school football stadium
Operations of SHARE Operation of State of Georgia
Cotton Museum Operations of Food Bank of
NE Georgia Improvement to facilities at
recreation fields Renovation and purchase equipment
for Kings Park Recreation Park Construct fencing/lighting
for new recreation area Renovation of recreation facilities Repairs to storm sewer project Construction of Women's Memorial
at Arlington National Cemetery Renovations/construction Challenged
Child Inc. Purchase of property for
Southeastern Firefighters Burn Foundation Construction of Fire Safety House Lighting for West Augusta Little League Lighting for Master City Little League Operations of Hope House for Women Purchase air packs for volunteer fire department Restore and preserve historic city buildings Renovate/improve field house at Paulding County High School Operations of the athletic program Operations of arts/recreation program Construction of historic museum Construction of pavilion at Rockmart Northwest Park Operation of athletic program Operation of Outdoor Therapeutic Program Construction of restrooms for baseball field
Improvements to city/county
auditorium and recreation complex
Recreation facilities
Restoration of Griffin-Baugh
Cottage

707
$ 5,000 $ 5,000 $ 5,000 $ 35,000 $ 25,000 $ 25,000 $ 25,000 $ 10,000 $ 25,000 $ 15,000 $ 5,000 $ 15,000 $ 25,000 $ 50,000
$ 25,000 $ 3,500 $ 12,000 $ 12,000 $ 20,000 $ 5,000 $ 20,000 $ 60,000 $ 5,000 $ 20,000 $ 10,000 $ 15,000 $ 10,000 $ 40,000 $ 25,000 $ 25,000 $ 25,000
$ 12,000

708
Hancock County City of Milledgeville
City of Milledgeville
City of Monticello
City of Cusseta Muscogee County Muscogee County Gwinnett County
DeKalb County DeKalb County DeKalb County
Effingham County Effingham County
City of Manassas City of Statesboro
Evans County Recreation Authority
Jenkins County
Statesboro Airport Authority
Screven City Airport Authority
City of Savannah
City of Leesburg City of Byron City of Andersonville City of Montezuma Taylor County Board
of Education City of Marshallvffle City of Plains

JOURNAL OF THE HOUSE,
Purchase fire fighting equipment Roof repairs on education center
of Boys and Girls Club of City of Milledgeville Operations and purchase of equipment at Rape Crisis Center of Milledgeville Purchase equipment for Get Ahead House after school tutoring and parenting program Construct new well Operations of Rediscovery in Muscogee County Operations of Southwest Against Drugs Operations of Collins Hill Athletic Association Softball program of Gwinnett County Operations of The Winning Circle Operation of Scottdale Youth Athletic Association Purchase supplies/equipment for Redan Park Athletic Program of DeKalb County Improvements to athletic field Construct handicap access walk for hospital and nursing home in Effingham County Purchase of city water pump Purchase computer work stations and wiring for Statesboro Regional Library Expansion of ball fields and play areas Materials for enlarging Jenkins County Agriculture Education Center Improvements to Statesboro airport Resurface runway at City of Screven Airport Expand public library leaner fishing equipment program for Coastal Conservation Association Installation of traffic signals for City of Leesburg Water system for the City of Byron Operations of Historic Andersonville Trail Construct sidewalk for City of Montezuma
Construct athletic complex for Taylor County schools
Paving to Felton Memorial
Cemetery Construct building addition to

$ 10,000
$ 15,000
15,000
5,000 75,000 20,000 15,000
15,000 20,000 10,000
5,000 20,000
5,000 7,000
$ 10,000 $ 25,000
$ 25,000 $ 15,000 $ 20,000
$ 10,000 $ 50,000 $ 50,000 $ 10,000 $ 68,800 $ 50,000 $ 10,000

THURSDAY, FEBRUARY 12, 1998

Peach County City of LaFayette
Dade County Chattooga County
Fulton County Fulton County
Fulton County
Chatham County Chatham County City of Thunder
Liberty County
Long County
Liberty County City of Pembroke
Mclntosh County Board of Education
Glynn County
Cobb County Board of Education
Meriwether County
Madison County Board of Education
City of Arcade Floyd County
Floyd County White County
Rabun County Union County
DeKalb County
Fulton County
DeKalb County

City of Plains police/fire department Construct fire department annex on Fort Valley State College campus Repair and restore Gordon Hall at Chattooga Academy Construct all-purpose pavilion at park Purchase equipment to enhance 911 system Operation of Kidsgym USA, Inc. Operation of Promise Children's Home, Inc. Operation of "Listen Up" drug program Renovate Old YMCA Building for community center Operation of Mighty Eighth Air Force Museum Construction of restrooms at W.E. Waterfront Park Operations of Coastal Medical Assistance Clinic Construction of an additional ball field with lights and fence for recreation department Upgrade athletic equipment to meet safety standard requirements Renovation of recreational park behind Bryan County Courthouse Purchase football field lighting for Mclntosh County school Renovations/improvements to Ellis Point Park Pilot project for "Reading Fluency Intervention Renovate building for Warm Springs Welcome Center Construction of high school tennis courts Operations of City of Arcade Operations of Camp Good Times (Summer Day Camp) Operations of 100 Black Men, mentoring program Construction of ADA compliant swimming pool Purchase equipment for volunteer fire department Renovation of Union County Courthouse Field acquisition for Georgia
Soccer Foundation
Operation of St Jude Recovery
Center for Women of Fulton County
Roof renovation at Elaine Clarke
Activity Center

709
$ 25,000 $ 70,000 $ 20,000 $ 30,000 $ 30,000 $ 50,000 $ 15,000 $ 10,000 $ 400,000 $ 55,000 $ 70,000 $ 16,000
$ 30,000 $ 20,000 $ 25,000 $ 25,000 $ 20,000 $ 50,000 $ 50,000 $ 20,000 $ 35,000 $ 15,000 $ 10,000 $ 20,000 $ 5,000 $ 50,000 $ 30,000 $ 25,000 $ 15,000

710
City of Decatur Chatham County
Whitfield County
Grady County Grady County Thomasville Board
of Education City of Donalsonville Blakely County City of Bainbridge City of Blue Ridge Fannin County Fannin County Forsyth County Board
of Education Gwinnett County Board
of Education Fulton County
City of Morrow City of Lake City City of Jonesboro City of Riverdale City of Forest Park Coffee County Telfair County City of Rhine City of Alma City of Nicholls City of Smyrna
Terrell County
City of Dawson

JOURNAL OF THE HOUSE,
Operation of Decatur Neighborhood Playhouse
Building renovation for Turning Point Parent & Child Inc. of Chatham County
Improvements to joint sewer service in Whitfield and Dalton counties
Construction of volunteer fire department
Renovation of Historical Society facility
Improvements for Thomasville City School's track
Purchase of computer hardware Construction of recreation field
for Blakely and Early Counties Construction of sidewalk in Willis
Park Improvements to fence and lighting
for City Park Planning/design for civic center
and auditorium Install public address system in
Fannin County Courthouse Renovation of two classrooms
for science labs Construction of high school
football stadium Repairs to drainage system and
purchase of equipment for Grant Park Learning Center Improvements to City of Morrow park Improvements to Lake City park Improvements to City of Jonesboro park Improvements to City of Riverdale park Improvements to downtown revitalization project Construction of bridge for General Coffee State Park Interior renovations for County Courthouse Renovation of City of Rhine Community Center Purchase Jaws of Life for fire department Assist with downtown beautification project and operating expenses Operation of "Blind and Low Vision Center" Construction of airport hangar
in Terrell County Creation/operations of
Dawson Community Economic Development Office

$

6,000

$ 15,000
$ 25,000 $ 10,000 $ 20,000 $ 15,000 $ 20,000 $ 15,000 $ 10,000 $ 25,000 $ 15,000 $ 5,000 $ 20,000 $ 55,000
$ 18,500 $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ 20,000 $ 90,000 $ 15,000 $ 20,000 $ 7,500 $ 20,000 $ 15,000 $ 50,000

$ 35,000

THURSDAY, FEBRUARY 12, 1998

711

Catoosa County City of Dalton Fulton County
Fulton County
Fulton County Cobb County
City of Marietta Richmond County DeKalb County DeKalb County DeKalb County Fulton County Thomas County Coweta County City of Warm Springs Clay County City of Athens Irwin County City of Hawkinsville Pulaski County Blakely County City of Centerville City of Milan City of Swainsboro
Houston County

Lighting for Mattox recreation complex
Operation of North West Georgia Girls Home
Operation of Sickle Cell Center at Hughes Spalding Children's Hospital
Renovate Southwest Hospital & Medical Center to meet ADA requirements
Operation of Grady First Steps program
Purchase van for mental retardation services to be shared by Cobb and Douglas Counties
Operation of Civil War Museum Operation of community based
programs Operation of the Arts Station Operation of DeKalb Juvenile Court
Sex Offender Program Operation of Our House Operation of Providence Learning
Center "At Risk" School Program Operation of Halcyon Home
(Battered Women's Shelter) Purchase defibrillators for
fire department Design of new building for
Good Shepherd Therapeutic Center Operate recreation park for children Improvements to Cedar Shoals High
School running track surface Purchase equipment for Holt/Lax
volunteer fire department Restoration of Opera House Renovation of Pulaski
County Courthouse Renovation of Blakely
County Courthouse Construction of fire house Improvements to water and
sewer system Plan and design of physical
education facility at East
Georgia College
Operations and training for Houston
County volunteer fire department

$ 40,000 $ 20,000

$ 20,000

$ 20,000 $ 60,000

$ 20,000 $ 30,000

$ 120,000 $ 10,000

$ 30,000 $ 10,000

$ 165,387

$ 45,000

$ 15,000

$ 10,000 $ 50,000

$ 40,000

$

5,000

$ 10,000

$ 50,000

$ 50,000 $ 100,000

$

5,000

$ 120,000 $ 25,000

Section 41. Provisions Relative to Section 10, State Board of Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,925.22. 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,

712

JOURNAL OF THE HOUSE,

seven and eight which provide a minimum of 85 minutes of common preparation time dur
ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 15, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan
dards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such trans fers shall not require prior budgetary approval.
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 allo cation or 90% of their base year hospital utilization funding (whichever is less) to pur chase 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 specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness.
Adjust nursing home reimbursement rates effective April 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reim bursement methodology.

Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $137.00 per bud
geted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for the
state employees health benefit plan for SFY 1998 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 1998 shall not exceed 8.66%.

THURSDAY, FEBRUARY 12, 1998

713

Section 45. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are real ized in excess of the amount of such funds contemplated in this Act, the Office of Plan ning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems.
Section 46. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institu tions.
Section 47. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1998, 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;

714

JOURNAL OF THE HOUSE,

there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retar dation institutions ($9,348,000) 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 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.

THURSDAY, FEBRUARY 12, 1998

715

Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the
1998 Regular Session, except as provided, however, the Director of the Budget is autho rized to make internal transfers within a budget unit between objects, programs and activi ties 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 appropria
tion of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that
no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations
Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation
of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this Section, the term "common object classes" shall include
only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment
Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations
shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be
applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

Principal Amount

Debt Service

A.) Maturities not to exceed two hundred forty months.

Planning and design of Phase IV of the World Congress Center

$

10,530,000 $

900,315

716

JOURNAL OF THE HOUSE,

Low interest loans to local governments for water, sewer and wastewater treatment projects
Remediation, removal and replacement of underground and above ground storage tanks
Governor's Road Improvement Program Department of Transportation - raise
dikes in two areas Department of Transportation - phase I
of erosion protection work at Jones Oyster Bed Island Department of Transportation - install underdrain pipes to enhance the drying phase of the disposal areas Rehabilitation of rail lines Purchase of the Omaha to Preston rail line Adult literacy centers in Union, Turner, Bryan, Dodge, Henry and Jeff Davis counties Land acquisition and raise power lines in area 2A in the Savannah harbor Georgia Agricultural Exposition Authority - South Gate development Georgia Agricultural Exposition Authority - mutli-purpose agricultural complex/exhibit and office complex Georgia Agricultural Exposition Authority - roadway improvements and upgrades Construction of a new 150-bed youth development center in Muscogee County Road improvements in Paulding County State portion of the Alabama to Stone Mountain Path program Atlanta, Cartersville and Canton commuter rail line (planning) Repairs at the Atlanta Farmers' Market
B.) Maturities not to exceed sixty months.
Feasibility study and project design to deepen the Savannah River channel
Feasibility study and project design phase to deepen the Brunswick channel
Welcome center in Laurens County Bulk cargo ship vacuum system for the
Georgia Ports Authority at Colonel's Island Planning and design of the Bainbridge Welcome Center Equipment for new and modified vocational high school laboratories

20,000,000
5,000,000 135,000,000
6,500,000
5,000,000
200,000 3,460,000 2,000,000
2,550,000 5,700,000
935,000
7,967,000
1,000,000 15,000,000 1,600,000 1,000,000 4,000,000 2,000,000

I,710,000
427,500 II,542,500
555,750
427,500
17,100 295,830 171,000
218,025 487,350
79,943
681,178
85,500 1,282,500
136,800 85,500 342,000 171,000

4,140,000 1,500,000
200,000
1,000,000 175,000
6,146,000

956,340 346,500 46,200
231,000 40,425 1,419,726

Section 58. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1998

$ 12,380,991,546

THURSDAY, FEBRUARY 12, 1998

717

Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 60. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House disagree to the Senate substitute to HB 1167.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 1057. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A resolution commending Kenneth H. Thomas, Jr.

HR 1058. By Representative Rogers of the 20th: A resolution in remembrance of B. L. Hawkins.

HR 1059. By Representative Rogers of the 20th: A resolution recognizing and commending Rudolph Clark.

HR 1060. By Representative Westmoreland of the 104th: A resolution commending the Northgate High School Marching Band.

HR 1061. By Representative Thomas of the 148th:
A resolution recognizing International Longshoremen's Association Local 1414.

HR 1062. By Representative Westmoreland of the 104th: A resolution commending Sean Estep for his achievements in scouting.

HR 1063. By Representatives Teague of the 58th, Teper of the 61st, Watson of the 70th, Brooks of the 54th, Mobley of the 69th and others:
A resolution expressing regret at the passing of Mrs. Mary Elizabeth Carwell.

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 1436 Do Pass SB 537 Do Pass

718

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Dixon of the 168th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1556 Do Pass HR 841 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 136th
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 13, 1998

719

Representative Hall, Atlanta, Georgia Friday, February 13, 1998

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 Barfoot Barnard Barnes Bates Benefield Birdsong E Bohannon Bradford Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Cash Channell Childera Clark Coleman, B Connell Cooper Crawford E Crews

Culbreth Cuminiiiffs Davis, M DeLoach, B DeLoach, G Dizon Dukes Ehrhart Epps Evans Everett Felton Franklin Golden Greene Hammontree Harbin Heard Hecht Heckstall E Hegstrom Henson Holland Houston Howard Hudgens Hudson, H Hudson, N Hugley

Jackson James Jamieson Johnson Johnston Joyce Kaye Lakly Lane Lee Lewis Lord Mann
Manning
Martin, J Martin, J.L Massey McBee McClinton Mills Mobley Mosley Mueller O'Neal Orrock Parham Parsons Pelote PinhoUter

Poag Polak Ponder Powell Purcell Ragas Randall Ray Reaves Rice Richardson Roberta 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 Snelling Snow Stailings Stancil, F Stancil, S Stephens Taylor Teague Teper Thomas Titus Tolbert Twiggs Walker, L Walker, R.L
Watson EWest
Westmorland Whitaker Wiles Williams, J Williams, R
Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Maddox of the 72nd, Dix of the 76th, Turnquest of the 73rd, Ladd of the 59th, Breedlove of the 85th, Floyd of the 138th, Williams of the 63rd, Lucas of the 124th, Davis of the 48th, Banner of the 159th, McKinney of the 51st, Porter of the 143rd, Trense of the 44th, Parrish of the 144th, McCall of the 90th, Grindley of the 35th, Irvin of the 45th, Bordeaux of the 151st, Jones of the 71st, Day of the 153rd, Holmes of the 53rd, Jenkins of the 110th, Reichert of the 126th, Dobbs of the 92nd and Coan of the 82nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Larry Summerour, Pastor, Elizabeth Lee United Methodist Church, Chickamauga, 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.

720

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. Fust reading and reference of Senate Bills and Resolutions.

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

HB 1644. By Representative Lewis of the 14th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1645. By Representatives Benefield of the 96th, Lee of the 94th, Hecht of the 97th and Bailey of the 93rd:
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 provide that the real estate transfer tax does not have to be sent to the state revenue commissioner for distribution; to provide that the real estate transfer tax shall be collected and distributed by the county tax collector or tax commis sioner.
Referred to the Committee on Ways & Means.

HB 1646. By Representatives Stephens of the 150th, Thomas of the 148th, Pelote of the 149th, Bordeaux of the 151st and Mueller of the 152nd:
A bill to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to change and expand the corporate limits of the City of Savannah.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1647. By Representative Lewis of the 14th:
A bill to amend reincorporating the City of Cartersville, so as to change pro visions relating to the method of levying taxes for support of the Cartersville public schools.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1648.

By Representatives Walker of the 87th, Harbin of the 113th and Johnson of the 84th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 84 and 87.

FRIDAY, FEBRUARY 13, 1998

721

February 12, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1648. This notice is made prior to or upon reading the bill the first time.
/s/ Len Walker Representative 87th District
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1649. By Representative Stephens of the 150th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to pro vide authorization with certain conditions for certain counties and municipal ities to levy such tax.
Referred to the Committee on Ways & Means.

HB 1650. By Representatives Coleman of the 142nd, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Anno tated, relating to organization of the executive branch generally, so as to pro vide for the creation of state service delivery regions.
Referred to the Committee on Appropriations.

HB 1651. By Representatives Buckner of the 95th, Powell of the 23rd, Teper of the 61st, Richardson of the 26th, Parsons of the 40th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding the regulation of professions and businesses, so as to require that members of state examining boards reside in this state during their terms of office.
Referred to the Committee on Industry.

HB 1652. By Representatives Buckner of the 95th, Childers of the 13th, Henson of the 65th, Trense of the 44th, Channel! of the lllth and others:
A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Temporary Assistance for Needy Families Act," so as to provide for benefits to be paid to and for disabled children until their twenty-second birthday.
Referred to the Committee on Children and Youth.

HB 1653. By Representatives Smith of the 103rd, Westmorland of the 104th, Brown of the 130th and Yates of the 106th:
A bill to provide a homestead exemption from Coweta County School Dis trict 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 of more than $12,500.00 but less than $25,000.00 and who are 65 years of age or over or totally disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

722

JOURNAL OF THE HOUSE,

HB 1654.

By Representatives Mosley of the 171st, Byrd of the 170th, Smith of the 169th, Crews of the 78th, O'Neal of the 75th and others:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Anno tated, relating to sex education and AIDS prevention education, so as to require instruction regarding the legal consequences of parenthood.

February 12, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1654. This notice is made prior to or upon reading the bill the first time.
/si Hinson Mosley Representative 171st District
Referred to the Committee on Education.

HB 1655. By Representative Campbell of the 42nd:
A bill to amend Code Section 53-5-17 of the Official Code of Georgia Anno tated, relating to the procedures for probate of a will in common form, so as to provide that a will shall be proved in common form upon the testimony of a single subscribing witness and without notice to anyone.
Referred to the Committee on Judiciary.

HB 1656.

By Representatives Skipper of the 137th, Royal of the 164th, O'Neal of the 75th, Williams of the 63rd, Stancil of the 91st and others:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to provide for an exemption with respect to sales of blood glucose level measuring strips; to provide for an exemption for the sale of certain eligible food and bever ages to and by member councils of the Girl Scouts of the U.S.A. or the Boy Scouts of America.

February 12, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1656. This notice is made prior to or upon reading the bill the first time.
Is/ Jimmy Skipper Representative 137th District
Referred to the Committee on Ways & Means.

HB 1657. By Representatives Day of the 153rd, Stephens of the 150th, Tolbert of the 25th, Ashe of the 46th, Culbreth of the 132nd and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to authorize addi tional appeals of certain erroneous assessments; to change certain provisions with respect to certain values which are established by appeal.
Referred to the Committee on Ways & Means.

FRIDAY, FEBRUARY 13, 1998

723

HB 1658. By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1661. By Representatives Sherrill of the 62nd, Teper of the 61st, Polak of the 67th, Jenkins of the 110th and Henson of the 65th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to deposit account fraud, so as to provide that any person holding a worthless instrument may file a complaint with the district attor ney; to provide that the district attorney may begin prosecution immediately or make demand for restitution.
Referred to the Committee on Human Relations & Aging.

HB 1663. By Representatives Bunn of the 74th, Davis of the 60th, Irvin of the 45th, Crews of the 78th, Johnston of the 81st and others:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to change certain provisions regarding required information and sales tax returns; to require certain information to be provided to the governing authority of the county.
Referred to the Committee on Ways & Means.

HB 1664. By Representatives Henson of the 65th, Murphy of the 18th, Teper of the 61st, Orrock of the 56th and Yates of the 106th:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Anno tated, relating to commissions and other agencies, so as to create the Georgia Commission on the Holocaust.
Referred to the Committee on State Planning & Community Affairs.

HB 1665. By Representatives Skipper of the 137th, Walker of the 141st, Lee of the 94th, McBee of the 88th, Bordeaux of the 151st and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation; to change provisions relating to limitations upon amounts of contributions; to change the time of filing of certain campaign finance disclosure reports.
Referred to the Committee on Rules.

HB 1666. By Representatives Powell of the 23rd, Burkhalter of the 41st, Hudson of the 156th, Reichert of the 126th, Westmoreland of the 104th and others:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Anno tated, relating to bid, performance, and payment bond requirements for con tracts for public works, so as to permit a bidder to withdraw its bid from consideration after the bid opening, under certain circumstances, without for feiting its bid bond or other security.
Referred to the Committee on Industry.

724

JOURNAL OF THE HOUSE,

HB 1667. By Representative 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 certain provisions regarding tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1 counties.
Referred to the Committee on Ways & Means.
HB 1668. By Representative Whitaker of the 7th:
A bill to amend an Act entitled "An Act to create a board of commissioners of Gilmer County," so as to change the provisions relating to purchasing and competitive bids.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1669. By Representative Smith of the 102nd:
A bill to amend an Act to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions, so as to change the per diem compensation of members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1670. By Representatives Epps of the 131st and Brown of the 130th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the composition of the governing authority of the city for the purpose of conformity with a consent order and decree.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1671. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th:
A bill to provide a homestead exemption from certain Cherokee 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.

HR 1054. By Representative Tolbert of the 25th:
A resolution honoring Lauren "Bubba" McDonald and designating a portion of 1-85 in Jackson County as the "Lauren 'Bubba' McDonald Parkway"; des ignating the Veterans' Memorial Parkway.
Referred to the Committee on Transportation.

HR 1055. By Representative Thomas of the 148th: A resolution compensating Ms. Ailerua A. Newsome Crawford.
Referred to the Committee on Appropriations.

HR 1056. By Representatives McClinton of the 68th, Mobley of the 69th, Hugley of the 133rd, Taylor of the 134th, Pelote of the 149th and others:
A resolution creating the House Study Committee on Child Support Collec tion.
Referred to the Committee on Rules.

FRIDAY, FEBRUARY 13, 1998

725

HR 1064. By Representative Whitaker of the 7th: A resolution designating the Reverend Joseph Edward Grizzle Bridge.
Referred to the Committee on Transportation.

HR 1065. By Representatives Holmes of the 53rd, Davis of the 48th, McKinney of the 51st, Teague of the 58th, Mobley of the 69th and others:
A resolution reprimanding Representative Bill Clark of the 3rd District.
Referred to the Committee on Rules.

HR 1066. By Representatives Smith of the 103rd, Benefield of the 96th, Walker of the 141st, Irvin of the 45th, Twiggs of the 8th and others:
A resolution creating the Joint Highway Safety Study Committee.
Referred to the Committee on Rules.

HR 1067. By Representative Orrock of the 56th:
A resolution authorizing the lease of certain state owned real property located in Fulton County.
Referred to the Committee on State Institutions & Property.

HR 1068. By Representatives Smith of the 19th, Mills of the 21st, Tolbert of the 25th and Rogers of the 20th:
A resolution proposing an amendment to the Constitution so as to revise the sales tax for educational purposes to change imposition requirements.
Referred to the Committee on Ways & Means.

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 1672. By Representative Holmes of the 53rd:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Anno tated, relating to the approval of tax digests when assessments are in arbitra tion or on appeal, so as to provide that a county may have no more than 3 percent of the total assessed value of the total taxable tangible digest of the county in dispute or 3 percent of the total number of parcels of property in dispute for approval of the tax digest.
Referred to the Committee on Ways & Means.

HB 1673. By Representatives Smith of the 19th, Mills of the 21st, Tolbert of the 25th and Rogers of the 20th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the local option sales and use tax for educational purposes, so as to provide for concurrent resolution require ments.
Referred to the Committee on Ways & Means.

726

JOURNAL OF THE HOUSE,

HB 1674. By Representative Martin of the 47th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration.
Referred to the Committee on Judiciary.

HB 1675. By Representative Martin of the 47th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to fee of the clerks of the superior courts and construction of other fee provisions, so as to provide that no fee or cost shall be assessed or collected for any service rendered by the clerk of the superior court through entry of judgment in cases of adoption of a minor child.
Referred to the Committee on Judiciary.

HB 1676. By Representatives Whitaker of the 7th, Childers of the 13th, Smith of the 12th, Sims of the 167th, Teper of the 61st 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 county excise tax on the sev erance of solid minerals.
Referred to the Committee on Ways & Means.

HB 1677. By Representative Coleman of the 80th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
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 1633 HB 1634 HB 1636 HB 1637 HB 1638 HB 1639 HB 1640 HB 1641 HB 1642 HB 1643 HB 1660

HB 1662 HR 1051 SB 425 SB 488 SB 552 SR 527 SR 530 SR 560 SR 581 HB 1635 HB 1659

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the House be engrossed:

HB 1635.

By Representative Jamieson of the 22nd:
A bill to amend Chapter 44 of Title 36 of the Official Code of Georgia Anno tated, the "Redevelopment Powers Law," so as to change certain definitions; to specify applicability with respect to consolidated governments; to change certain requirements and procedures regarding redevelopment plan proposals.

FRIDAY, FEBRUARY 13, 1998

727

On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAnderoon YAihe
Bailey Y Bannister YBarfoot Y Barnard YBamm Y Bates Y Benefield
Birdsong EBohannon
Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
Bunn Y Burkhalter
Byrd Y Campbell
Canty Cash YChannell Y Guilders Y Clark YCoan YColeman, B YColeman, T Connell Y Cooper
Y Crawford E Crews

Y Culbreth Y CummiiuCB Y Davis, G
DaTM, M Day Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart
YEpps Y Evans YEverett
Felton YFloyd N Franklin
Golden Y Graves YGreene
Grindley
Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall EHegBtrom
Henson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson
Jenkins Y Johnson N Johnston
Jones N Joyce
Kaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas
Maddox YMann Y Manning Y Martin, J Y Martin, J.L
YManey McBee McCall
Y McClinton McKinney Mills
Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Parsons Pelote Perry
Y Pinholster YPoag YPolak Y Ponder
Y Porter YPowell YPureell
Ragas YRandaU YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherriU YShipp YSims YSinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Y Smith, V Smyre
YSnelling
YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas TiUman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson EWest Y Westmorland YWhitaker Y WHes Y Williams, B Y Williams, J Williams, R YWorthan NYates Murphy, Spkr

On the motion, the ayes were 131, nays 5. The motion prevailed.

Pursuant to Rule 52, Representative Scarlett of the 174th moved that the following Bill of the House be engrossed:

HB 1659.

By Representatives Scarlett of the 174th, Tolbert of the 25th and Manning of the 32nd:
A bill to amend Article 6 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to feticide, so as to define the offense of second degree feticide.

The motion prevailed.

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 433 Do Pass

728

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1404 Do Pass, as Amended HB 1553 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 1614 Do Pass HB 1618 Do Pass HB 1619 Do Pass

HB 1624 Do Pass HB 1632 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 FRIDAY, FEBRUARY 13, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enu merated below:
HB 1219 MARTA; certain reserve funds; authorize investments HB 1266 Disaster Volunteer Leave Act; enact HB 1304 Outdoor advertising; certain sign placement restrictions; exception HB 1337 Building permits; content; display HB 1365 Cons use prop; breach of renewal covenant; amend penalty provisions HB 1368 Ad valorem tax; increase certain threshold amount HB 1412 Fulton County; board and department of health; rename
HR 467 Lead Poisoning Prevention Week; recognize third week in July HR 829 Bibb County; convey property HR 842 Red imported fire ant; urge federal govt increase funds to eradicate HR 843 Tomato Spotted Wild Virus; urge federal government increase funds

FRIDAY, FEBRUARY 13, 1998

729

HR 935 Cobb County; convey property
SB 326 Pardons & Paroles, Corr. Employees - disability benefits (Perdue of the 18th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

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

HB 1614.

By Representatives Roberts of the 162nd, Everett of the 163rd, Dukes of the 161st and Holland of the 157th:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority.

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

HB 1618. By Representative Barnard of the 154th:
A bill to amend an Act providing a new charter for the City of Hagan, so as to provide for staggered terms of office for the mayor and city council.

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

HB 1619.

By Representative Sims of the 167th:
A bill to amend an Act creating a new charter for the City of Douglas, so as to provide for four-year terms of office for the mayor and city commis sioners.

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

HB 1624.

By Representatives Mills of the 21st, Smith of the 19th, Tolbert of the 25th and Rogers of the 20th:
A bill to provide a homestead exemption from Hall 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 $12,000.00 and who are 62 years of age or over.

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

HB 1632.

By Representative Floyd of the 138th:
A bill to provide a homestead exemption from certain Crisp County ad valo rem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead of certain residents of that county.

730

JOURNAL OF THE HOUSE,

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

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

Y Alien YAodenon
YAahe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes Y Bates Y Benefield
YBirdsong E Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
Runn
YBurkhalter YByrd Y Campbell
Canty Cash Y Channell
YChilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford B Crews

Y Culbreth Y Cummings YDavia, G Y Davis, M
Day YDeLoach, B
YDeLoach, G YDii YDiion YDobbs
Dukes YEhrhart YEpps Y Evans YEverett
Felton YFloyd Y Franklin
Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin
Y Heard YHecht YHeckstall E Hegstrom
Henson Y Holland
Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson
Jenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney YMills
Mobley Y Mosley Y MueUer
YOrrock YParham

YParrish Parsons Pelote
Perry Y PinhoUter YPoag YPolak Y Ponder Y Porter YPoweU YPurcell YRagas YRandaU YRay
Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan YShaw YSherriU YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith,?
Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Tillman
Y Titus
YTolbert
YTrense Turnquest
YTwiggs Y Walker, L Y Walker, R.L
Watson EWest Y Westmoreland YWhitaker 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 147, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

HB 1468. By Representative Hudgens of the 24th: A bill to provide a new charter for the City of Danielsville.

HB 1543.

By Representatives Epps of the 131st and Brown of the 130th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to provide for the appointment of members of the authority and then* terms of office.

FRIDAY, FEBRUARY 13,1998

731

HB 1166.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to provide supplementary appropriations for the state fiscal year end ing June 30, 1998, in addition to any other appropriation heretofore or here after made for the operation of state government and the purposes provided for herein.

SB 431. By Senators Marable of the 52nd, Dean of the 31st, Madden of the 47th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insur ers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 431. By Senators Marable of the 52nd, Dean of the 31st, Madden of the 47th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insur ers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care.
Referred to the Committee on Insurance.

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

The Senate insists on its substitute to the following bill of the House:

HB 1167.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.

Representative Skipper of the 137th arose to a point of personal privilege and addressed the House.

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

HR 1005. By Representatives Williams of the 63rd and Bates of the 179th:
A resolution commending and inviting Dr. John S. Turner to appear before the House of Representatives.

732

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1167.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Lee of the 94th, Buck of the 135th and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1167 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 Coleman of the 142nd, Walker of the 141st and Buck of the 135th.

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

HR 842. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funds for the control, management, and eradication of the red imported fire ant.

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

Y Alien YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield Y Birdsong E Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner Y Bunn YBurkhalter YByrd Y Campbell

Canty Y Cash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford E Crews Y Culbreth Y Cununings Y DaTM, G Y Davia, M Y Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion Y Dobbs Y Dukes
Ehrhart

Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree Y Hanner Y Harbin Y Heard Y Hecht Y Heckstall E Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson
Jenkins Y Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd
Lakly Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddoz Y Mann Y Manning Y Martin, J Martin, J.L

Y Massey Y McBee
McCall Y McClinton
McKinney Y Mills
Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Perry Y Pinholster Y Poag Y Polak Ponder Y Porter Y Powell Y Purcell Y Ragas

FRIDAY, FEBRUARY 13, 1998

733

YRandall Ray Reaves
YReichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders YSauder YScarlett

Y Scheid Y Scott Y Shanahan Y Shaw YSherrffl Y Shipp Y Sims Y Sfakfield 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 Y Snelling Y Snow
Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley,?

Y Stephens Y Taylor Y Teague YTeper Y Thomas
Tfflman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs Y Walker, L

Y Walker, R.L Y Watson E West Y Westmoreland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

HR 843. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funding for the research and eradication of the Tomato Spotted Wild Virus in Georgia.

The following amendment was read and adopted:

The Committee on Agriculture and Consumer Affairs moves to amend HR 843 by striking the word "Wild" on line 4 of page 1 and inserting in lieu thereof the following:
"Wilt".

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

Y Alien Y Andenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield Y Birdsong E Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Y Buck
Buckner YBunn YBurkhalter YByid Y Campbell
Canty Cash Y Channell

Y Childers Y Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M N Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion 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
Harbin Y Heard Y Hecht Y Heckstall E Hegstrom
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James YJamieson
Jenkins Y Johnson
Johnston

Y Jones 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 Y McClinton Y McKinney Y Mills
Mobley Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Parrish Y Parsons
Pelote Perry Y Pinholster Y Poag Y Polak Ponder Y Porter Y Powell Y Purcell Y Ragas YRandall Ray Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett Y Scheid Y Scott Y Shanahan

734

JOURNAL OF THE HOUSE,

YShaw YSherrffl YShipp YSims YSinkfleld 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
Stallings Y Stancil, F

Y Stancil, S Stanley, L
Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas
Tillman

Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson E West

Y Westmorland Y Whitaker
YWUes Williams, B
Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 154, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1368. By Representatives Reichert of the 126th and Crawford of the 129th:
A bill to amend Code Section 48-3-21.1 of the Official Code of Georgia Anno tated, relating to statute of limitations provisions for the enforcement of exe cutions issued for ad valorem taxes in amounts less than $1.00, so as to increase the threshold amount to $5.00.

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 YAndenon YAshe Y Bailey Y Bannister YBarfoot
Barnard Baraes Y Bates YBenefield
YBirdsong EBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash YChannell Y Guilders Y Clark YCoan Y Coleman, B YColemao, T Y Cornell Y Cooper Y Crawford E! Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDix YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree
Banner Y Harbin
Y Heard YHecht YHeckstall E Hegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson
Jenldns Y Johnson
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 YMcBee
McCall Y McClinton Y McKinney Y Mills
Mobley YMoeley Y Mueller YO'Neal YOrrock
YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas YRandall
Ray 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 Y Smith, T Y Smith, V YSmyre Y Snelling YSnow
S tailings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
EWest 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, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 13, 1998

735

HB 1219.

By Representatives Royal of the 164th, McKinney of the 51st, Jones of the 71st and Teper of the 61st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to authorize the investment of certain reserve funds in additional investments.

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 YAndenon
YAshe Y Bailey Y Bannister YBarfoot
Barnard YBames Y Bates YBenefieM
Birdaong EBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Canty Cash YChannell YChilders Y Clark YCoan Y Colenun, B Y Coleman, T YConnell Y Cooper Y Crawford E Crews

Y Culbreth Y Cununings YDavi8,G Y Davig, M YDay
DeLoach, B YDeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps YEvans YEverett Y Felton YFloyd YFranklin Y Golden Y Graves YGraene Y Grindley YHammontree YHanner Y Harbin Y Heard YHecht
YHeckstall EHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N YHugley 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 Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton Y McKinney Y Mills
Mobley Y Moeley Y MueUer YO'Neal YOrrock YParham

YParrish Y Parsons YPelote
Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves Y Reichert
YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder YScarlett YScheid Y Scott YShanahan 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 YSnelUng YSnow YStallings Y Stancil, F Y Stancil,S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague Y Teper Y Thomas Tilbnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson EWest Westmoreland Whitaker YWUeB 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

HB 1440.

By Representatives Sauder of the 29th, Channell of the lllth, Walker of the 141st, Irvin of the 45th, Jones of the 71st 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 prevent certain errors from constituting abuse; to change the provisions regarding seizure of property subject to such forfeiture and provide for bond ing requirements.

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 prevent certain errors from consti tuting abuse; to change the provisions regarding seizure of property subject to such forfei ture and provide for bonding requirements; to change the provisions relating to inventory

736

JOURNAL OF THE HOUSE,

of seized property; to change the provisions relating to presumptions and burden of proof; 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 striking subsections (c) and (c.l) of Code Section 49-4-146.1, relating to unlawful acts and penalties, and inserting in their respective places the following:
"(c) Any person violating paragraph (1) or (2) of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished for each offense by a fine of not more than $10,000.00, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment. In any prosecu tion under this Code section, the state has the burden of proving beyond a reasonable doubt that the defendant intentionally committed the acts for which he or she is charged.
(c.l)(l) Any person committing abuse shall be liable for a civil monetary penalty equal to two times the amount of any excess benefit or payment. This penalty shall be collected on the same terms as a penalty imposed pursuant to subsection (d) of this Code section, except as to the amount specified in paragraphs items (1) and (2) of that subsection, but shall not be imposed cumulatively with a penalty under such subsection. (2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medi cal assistance or other benefits or payments under this article to which the provider knows he or she is not entitled when the assistance, benefits, or payments are greater than an amount which would be paid in accordance with those provisions of the department's policies and procedures manual which are adopted pursuant to public notice, and the assistance, benefits, or payments directly or indirectly result in unnec essary costs to the medical assistance program. Isolated instances of unintentional errors in billing, coding, and costs reports shall not constitute abuse. Miscoding shall not constitute abuse if there is a good faith basis that the codes used were appropriate under the department's policies and procedures manual and there was no deceptive intent on the part of the provider."
SECTION 2. Said article is further amended by striking subsections (g), (m), (s), and (y) of Code Sec tion 49-4-146.3, relating to Medicaid fraud forfeiture, and inserting in their respective places the following:
"(g)ili 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 supe rior 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. In enter ing any such seizure order, the court shall determine that appropriate conditions are included to ensure the physical safety and well-being of any recipients or patients who may be affected by such warrant and that sufficient steps will be taken to ensure that patient medical records are kept confidential. 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 forfei ture pursuant to this Code section. Said hearing shall be held within 20 days of said demand unless continued by the court for good cause.

FRIDAY, FEBRUARY 13, 1998

737

(2) At the ex parte hearing for the issuance of a search warrant authorizing the sei zure of property under paragraph (1) of this subsection, a reasonable estimate of the approximate fair market value of the property sought to be seized shall be presented to the court. Based upon such evidence, the court shall establish a bond amount for the release of any property ordered seized, not to exceed double the fair market value of that property. The property owner or interest holder may file in the clerk's office of the court where the forfeiture action is brought, a bond with good security, condi tioned for the payment of the bond amount established by the court. The bond shall be subject to approval by the clerk of the court. Upon receipt of a bond deemed acceptable by the clerk, the court which ordered the seizure of the property shall issue an order to the persons having custody of the seized property to release such property to the property owner or interest holder filing such bond, unless the property is being held as evidence. If the seized property so released is ordered to be forfeited, the state shall be entitled to entry of judgment upon such bond against the principal and sure ties therein, as judgment may be entered against securities upon appeal. If the prop erty seized is released pursuant to this paragraph and is later otherwise required to be released under any other provision of this Code section, the principal and sureties upon any bond given for the release of such property under this paragraph shall also be released from their obligations under that bond." "(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. All reasonable steps shall be taken so as not to interfere with or disrupt the provision of medical care by the provider when such inventory is conducted. Such inventory shall be conducted in a manner which assures the confidentiality of patient medical records." "(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 robuttablc prcsumptiea that way property ef a perse is subject te for feiture under this Gede section if the state establishes probable cause te believe that?
(A) The persen has engaged m conduct giving rise te forfeiture; (B) The property was acquired by the persen daring the peried- ef- the conduct giv ing rise te forfeiture er within a reasonable time after fee period; and (C) There was ae likely seuree fer the property ether than the conduct giving rise te forfeiture. (2) The fact that the state has established probable cause to believe that a person has engaged in conduct giving rise to forfeiture or that the property was acquired by a person during a period of the conduct giving rise to forfeiture or within a reasonable time thereafter shall not give rise to any presumption, rebuttable or otherwise, that the property is subject to forfeiture. The state shall, at all times, have the burden to prove, by a preponderance of the evidence, that the property is subject to forfeiture under this Code section." "(y) Except as provided in subsections {e} and $) ef- this Code section, a property inter-
Gede section, and there shaH tea presumption that aueh property interest -was acquired in whole or in part with proceeds obtained as ft result el Medicaid fraud; provided, hewever; that the person charged with Medicaid frond may rebut sueh presumption by dear and convincing evidence which shews that the property interest was net se acquired. In the event the persen charged with Medicaid fraud successfully rebuts such prcsumptieB;
property is subject to forfeiture under this Code section, the property may still be sub ject 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."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

738

JOURNAL OF THE HOUSE,

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

Y Alien YAndereon YAihe Y Bailey Y Bannister YBarfoot Y Barnard YBaroes Y Bates Y Benefield
Birdsong El Bohaimon
Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown YBuck YBuckner YBunn Y BorkhalUr
YByrd Y Campbell
Canty YCath YChannell YChilders Y Clark YCoan YColeman, B Y Coleman, T
Cornell Y Cooper Y Crawford E Crews

Y Culbreth Y Cununinffs Y Davi, G Y Davis, M YDay Y DeLoach, B YDeLoach, G YDix YDixon YDobbe Y Dukes YEhrhart YBpps Y Evans
YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall EHegBtrom YHenson Y Holland Y Holmes Y Houston 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 YMcBee YMcCall Y McClinton Y McKinney
Y Mills Mobley
Y Mosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid
Y Scott Y Shanahan YShaw YSherrill 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 YSnelling YSnow YStallingB Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense YTurnquest YTwiggB Y Walker, L Y Walker, R.L Y Watson EWest Y Westmoreland YWhitaker 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 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1266. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th, Davis of the 48th, Trense of the 44th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to enact the "Disaster Volun teer Leave Act".

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to enact the "Disaster Volunteer Leave Act"; to provide for definitions; to provide for legislative findings; to authorize certain employees of state agen cies to be granted leave from work with pay for specified periods to participate in special ized disaster relief services; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 13, 1998

739

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting a new article to be designated Article 6, to read as follows:
"ARTICLE 6
38-3-90.
This article shall be known and may be cited as the 'Disaster Volunteer Leave Act.'
38-3-91.
As used in this article, the term: (1) 'Disaster' means a presidentially declared disaster or a state of emergency disaster declared by the Governor of a state. (2) 'State agency' means any department, officer, commission, board, or institution of this state, including the several courts of this state and the General Assembly and its committees or commissions.
38-3-92.
It is the finding of the General Assembly that natural disasters and disasters created by human agency often arise suddenly and that cooperation among government agencies and volunteer service agencies is vital in coping with such emergencies. The General Assembly further finds that dedicated service by trained and experienced volunteers can help prevent loss and destruction of life and property and that it is in the interest of the state and the citizens of the state to allow certain state employees who are trained and experienced in disaster relief to provide such service for brief periods without loss of pay and benefits.
38-3-93.
An employee of a state agency who is a certified disaster service volunteer of the Ameri can Red Cross may be granted leave from his or her work with pay for not to exceed 15 workdays in any 12 month period to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross for the ser vices of that employee and upon the approval of that employee's agency and coordinated through the director of emergency management, without loss of seniority, pay, vacation time, compensatory time, sick time, or earned overtime accumulation. The state agency shall compensate an employee granted leave under this Code section at his or her regu lar rate of pay for those regular hours during which the employee is absent from work. Leave under this article shall be granted only for the services related to a disaster occur ring within this state or in a contiguous state which has a reciprocal statutory provi sion."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndenon YAshe Y Bailey Y Bannister Y Barfoot Y Barnard YBarnes

Y Bates Y Benefield
Birdsong E Bohannon Y Bordeaux Y Bradford Y Breedlove
Bridges

Y Brooks Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell

Canty Y Cash ' Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Crawford E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M

740

JOURNAL OF THE HOUSE,

YDay YDeLoach, B YDeLoach, G YDix YDiion YDobbs Y Dukes YEhrhait YEpp. Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
YHenson Y Holland Y Holmes

Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins
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 YMcCall Y McClmton YMcKinney Y Mills
Mobley YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak Ponder
Y Porter YPowell YPureeU
YRagas YRandaU
YRay Reaves
Y Reichert

YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett 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 N Smith, V YSmyre YSnelling YSnow YStallings

Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson EWest Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan NYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1365.

By Representatives Royal of the 164th, Buck of the 135th, Walker of the 141st, Cummings of the 27th, Reaves of the 178th and others:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to specify addi tional circumstances under which certain penalties shall not apply.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to specify additional circumstances under which certain penalties shall not apply; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide con servation use property, is amended by adding a new subsection at the end thereof, to be designated subsection (w), to read as follows:
"(w) Notwithstanding any other provision of this Code section to the contrary, in any case where a renewal covenant is breached by the original covenantor or a transferee who is related to that original covenantor within the fourth degree by civil reckoning, the penalty otherwise imposed by subsection (1) of this Code section shall not apply if the breach occurs during the sixth through tenth years of such renewal covenant, and the only penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for each year in which such renewal covenant was in effect, plus interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached."

FRIDAY, FEBRUARY 13, 1998

741

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

Y Alien
YAndereon YAshe Y Bailey
Y Bannister YBarfoot Y Barnard
Barnee Y Bates
YBenefield YBirdsong E Bohannon Y Bordeaux Y Bradford YBnedlove
Bridges Brooks
Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd
Y Campbell Canty Cash
Y Channel! Y Childen Y Clark YCoan YColeman, B YColeman, T Y Cornell Y Cooper Y Crawford E Crews

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDfc YDixon YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin
Y Golden Y Graves YGraene Y Grindley Y Hammontree YHanner Y Harbin Y Heard
YHecht YHeckstall EHegstrom YHenson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddoi YMann
Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills
Mobley YMosley Y Mueller YCCNeal YOrrock YParham

YParrish
Y Parsons YPelote
Perry Y Pinholster
YPoag YPolsk
Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay
Reaves
Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid 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
Smith, V YSmyre YSneUmg YSnow YStallings
Y Stancil, F Y StancU, S
Stanley, L
Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas
Tillman Y Titus YTolbert YTrense YTurnquest
Twiggs Y Walker. L Y Walker, RL Y Watson EWest
Y Westmoreland YWhitaker 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Holmes of the 53rd 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 935. By Representatives Barnes of the 33rd, Manning of the 32nd, Grindley of the 35th, Wiles of the 34th, Shipp of the 38th and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County.

The following Committee substitute was read and adopted:

742

JOURNAL OF THE HOUSE,

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Cobb County, Georgia; authorizing the conveyance of certain real property owned by the State of Georgia in Gwinnett County; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Cobb County, Georgia; and
(2) Said real property is all that tract or parcel of land lying and being in Land Lots 1018 and 1071 of the 16th District and 2nd Section of Cobb, County, Georgia, and being more particularly described as follows:
BEGINNING at the northeast corner of the intersection of Marietta 4-Lane Highway and Allgood Road; thence northwesterly along the northeasterly side of said 4-Lane Highway a distance of three hundred ninety-two and eight-tenths (392.8) feet to a concrete right-of-way marker; thence in a northeasterly direction a distance of fifteen (15) feet to another concrete right-of-way marker; thence northwesterly, continuing along the northeasterly side of the said 4-Lane Highway a distance of six hundred eight (608) feet to an iron pin for a point of beginning; thence northwesterly, continu ing along the northeasterly side of said 4-Lane Highway, a distance of two hundred (200) feet to another iron pin; thence northeasterly, with an exterior angle of eightynine (89) degrees forty (40) minutes a distance of three hundred (300) feet to an iron pin; thence southeasterly two hundred (200) feet to an iron pin; thence southwesterly three hundred (300) feet to an iron pin and the northeasterly side of said 4-Lane Highway, the intersection of which line forms an interior angle of eighty-nine (89) degrees forty (40) minutes; said described property containing one and thirty-seven hundredths (1.37) acres, more or less, and as shown by a plat of survey made for Cobb County Board of Education by J. P. Phillips, Surveyor, dated January 29,1954,
on file to the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and pre sented to the State Properties Commission for approval; and
(3) Said property is under the custody of the Department of Public Safety and is the former site of the Cobb County State Patrol Post and barracks; and
(4) The Department of Public Safety has relocated its Cobb County Patrol Post and has declared the subject property surplus to its needs; and
(5) The above-described property was conveyed by Cobb County to the state in 1954 for a consideration of $10.00 with the stipulation that if the state should ever sell the property, Cobb County would received one-third of the sale proceeds in addition to $2,500.00, which equates to the price Cobb County originally paid for the property; and
(6) The Walker School, a privately funded educational institution, adjoins the subject property and is in need of additional property in order to expand its educational facili ties; and
(7) The Walker School is desirous of acquiring the above-described property; and
WHEREAS:
(1) The State of Georgia is the owner of a certain tract or parcel of real property located in Gwinnett County, Georgia; and
(2) Said real property is all that certain lot, tract, or parcel of land situate, lying and being in Gwinnett County, Georgia, lying in and being more particularly described as follows:

FRIDAY, FEBRUARY 13, 1998

743

All that tract or parcel of land containing 0.68 of one acre and situated, lying and being in Land Lot 13 of the 7th Land District of Gwinnett County, Georgia, and being more particularly shown and delineated on a certain August 27, 1997, plat of survey prepared by Lloyd C. McNally, Jr., Georgia Registered Land Surveyor No. 2040, and entitled "Survey for the State of Georgia", and being on file in the offices of the State Properties Commission
and may be more particularly described on a plat of survey prepared by a Georgia Reg istered Land Surveyor and presented by Lessee to the State Properties Commission for approval; and
(3) Said property is under the custody of the Georgia Department of Juvenile Justice; and
(4) Resolution Act 4, S. R. 226, approved April 5, 1995 (Ga. L. 1995, p. 177), authorized the State Properties Commission to lease 2.21 acres of improved state owned property to Gwinnett/Rpckdale/Newton Creative Enterprises, Inc., for a period of 25 years in order that Gwinnett/Rockdale/Newton Creative Enterprises, Inc., could operate certain programs for the mentally retarded under the direction of the Department of Human Resources; and
(5) The subject property is in close proximity to the above mentioned 2.21 acre parcel; and
(6) Gwinnett/Rockdale/Newton Creative Enterprises, Inc., is desirous of leasing the above-described state property in order to accommodate additional growth in clients and programs offered; and
(7) The Department of Juvenile Justice has no objection to the long-term leasing of the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real property in Cobb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property shall be conveyed by appropriate instrument to The Walker School by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value as determined by the State Prop erties Commission with one-third of the consideration in addition to $2,500.00 being remitted to Cobb County and such further consideration and provisions as the State Prop erties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.
That the authorization in this resolution to convey the above-described property to The Walker School shall expire three years after the date that this resolution becomes effec tive.
SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

744

JOURNAL OF THE HOUSE,

SECTION 5.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 6.
That the State of Georgia is the owner of the referenced above-described real property in Gwinnett County and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.
That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described tract of improved property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., for a period which runs concur rently with the lease authorized by Resolution Act 4, S. R. 226, approved April 5, 1995 (Ga. L. 1995, p. 177), which will expire July 28, 2020.
SECTION 8.
That the consideration for such lease shall be $650.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
SECTION 9.
That any sublease of subject property must be approved by the State Properties Commis sion, and any remuneration resulting from a sublease in excess of $650.00 per year is to be remitted to the State of Georgia.
SECTION 10.
That the authorization in this resolution to lease the above-described property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 11.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 12.
That this grant of easement shall be recorded by the grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commis sion.
ARTICLE III
SECTION 13.
That all laws and parts of laws in conflict with this resolution are repealed.

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

Y Alien Y Andersen YAshe

Y Bailey Y Bannister YBarfoot

Y Barnard Y Barnes Y Bates

Y Benefield Y Birdsong E Bohannon

Y Bordeaux Y Bradford Y Breedlove

FRIDAY, FEBRUARY 13, 1998

745

Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn Y Burkhalter YByrd Y Campbell
Canty YCaah YChannell YChilders Y Clark YCoan Y Coleman, B
Coleman, T Y Cornell Y Cooper Y Crawford E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G YDix
Dixon YDobbs Y Dukes YEhrhart

YEpps Y Evans
Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstaU E Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens 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
Lucas Maddox
YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee
YMcCaU McClinton
Y McKinney
Y Mills Mobley
YMosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag

YPolak Ponder
Y Porter Y Powell YPurcell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett YScheid 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

Smith, V YSmyre YSnelling YSnow YStaUings
Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague
Teper Y Thomas
Tillman
Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson E West Y Westmorland Y Whitaker Y Wiles
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 149, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

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

Y Alien
YAnderson YAshe Y Bailey
Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
Birdsong E Bohannon Y Bordeaux Y Bradford
Y Breedlove Y Bridges Y Brooks Y Brown YBuck
Y Buckner YBunn Y Burkhalter

YByrd Y Campbell
Canty YCash YChannell Y Guilders Y Clark YCoan Y Coleman, B
Coleman, T Y Connell Y Cooper
Y Crawford E Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M Day
Y DeLoach, B Y DeLoach, G YDix

Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett Felton Floyd Y Franklin Golden Y Graves Y Greene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstaU E Hegstrom YHenson

Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee

Y Lewis YLord
Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills
Y Mobley YMosley
Mueller Y O'Neal YOrrock YParham YParrish Y Parsons

746

JOURNAL OF THE HOUSE,

Y Pelote
Perry YPinholster YPoag YPoluk Y Ponder Y Porter YPoweU YPurcell YRagas
Randall YRay
Reaves YReichert

YRice Y Richardson Y Roberta
Y Rogers
Y Royal Y Sanders YSauder YScarlett YScheid 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
Smith, V YSmyre YSnelling YSnow YStallings

Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense Y Turnquest

YTwiggs Y Walker, L Y Walker, R.L Y Watson EWest Y Westmoreland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 326. By Senator Perdue of the 18th:
A bill to amend Code Section 47-2-221 of the Official Code of Georgia Anno tated, relating to disability benefits payable to certain law enforcement offi cers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal.

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

Y Alien YAnderson
Ashe YBaUey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong E Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks
Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCasb YChanneU Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford E Crews

Y Culbreth Cununings Davis, G
Y Davis, M Day
YDeLoach, B YDeLoach, G YOU YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall EHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkina Y Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee McCall Y McClinton Y McKinney Y Mills Y Mobley YMosley Mueller YO'Neal YOrrock YParbam

YParrish Y Parsons Y Pelote
Perry Y Pinholeter YPoag YPolak Y Ponder Y Porter Y Powell YPurceU YRagas
Randall YRay
Reaves YReichert
Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims YSinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 149, nays 0.

Y Smith, L.R Y Smith, P Y Smith, T
Smith, V YSmyre Y Smiling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas TUlman Y Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson E West Westmorland Y Whitaker YWUes Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

FRIDAY, FEBRUARY 13, 1998

747

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

The Speaker Pro Tern assumed the Chair.

HB 1337. By Representative Stencil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Anno tated, relating to the enforcement of state minimum standard building codes, so as to change the provisions relating to the requirement that certain infor mation be printed on county and municipal building permits.

The following Committee substitute was read and adopted:

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 change the provisions relating to the requirement that certain information be printed on county and municipal building permits; to provide that certain information shall be printed on county and municipal construction permits; to provide that any person or entity which is issued a per mit which authorizes improvements to new or existing residential or commercial real prop erty shall be required to post a copy of such permit in a conspicuous place in the vicinity of such property where such improvements are being undertaken or deliver a copy of the permit to the property owner within ten days after the permit is received; 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 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) Any county or municipal building permit issued in this state to a general con tractor or homebuilder for residential or commercial construction shall have promi nently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness in the body of the permit the following:
'The issuance of this permit authorizes improvements of the real property desig nated herein which improvements may subject such property to mechanics' and materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such prop erty and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer's guide to the lien laws which may be available at building supply home centers.' (4}(2) Any county or municipal building construction permit^ including but not lim ited to mechanical, plumbing, or electrical permits, issued in this state on existing res idential or commercial property shall have prominently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness en in the body of the permit the following: 'The issuance of this permit authorizes improvements of the real property desig nated herein which improvements may subject such property to mechanics' and materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such prop erty and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer's guide to the lien laws which may be available at building supply home centers."

748

JOURNAL OF THE HOUSE,

43K3) Any person whe or entity which is issued a permit which authorizes improve ments to ft tfftet ef- real property which is being used- ef will be ttsed- for new or exist ing residential purposes or commercial real property shall be required toj
(A) Post pest a copy of such permit in a conspicuous place in the vicinity of such property where such improvements are being undertaken^ or (B) Deliver a copy of the permit to the property owner within ten days after the permit is received."
SECTION 2. This Act shall become effective on January 1, 1999, except that no county or municipality shall be required to implement the requirements of this Act until such time as the county or municipality has consumed all building permit forms on hand as of January 1, 1999.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderaon
YAshe Y Bailey N Bannister YBarfoot Y Barnard
Baroes Y Bates YBenefield YBirdsong 15 Bohdnnon Y Bordeaux Y Bradford NBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn NBurkhalter YByrd Y Campbell
Canty Cash Y Channel! YChilders Y Clark NCoan YColeman, B YColeman, T Cornell Y Cooper
Y Crawford E Crews

Y Culbreth Y Cummings
DaTM, G YDavis, M
Day Y DeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett Y Felton YFloyd Y Franklin Y Golden Y Graves
Greene Y Griudley Y Hammontree Y Manner Y Harbin
Y Heard YHecht YHeckstaJl E Hegstrom YHenson Y Holland Y Holmes Y Houston 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 NLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning N Martin, J
Martin, J.L YMassey YMcBee YMcCall
McClinton Y McKinney N Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell
YRagas Randall
YRay Reaves
Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett YScheid Y Scott YShanahan 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
Smith, V YSmyre Y Smiling YSnow YStallings YStancil,F N Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L N Walker, R.L Y Watson EWest Y Westmorland YWhitaker Y Wiles Williams, B Y Williams, J Y Williams, R Y Wortnan NYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1304.

By Representative Hudgens of the 24th:
A bill to amend Code Section 32-6-75 of the Official Code of Georgia Anno tated, relating to restrictions on outdoor advertising which is otherwise authorized by Code Sections 32-6-72 and 32-6-73, so as to change the provi sions relating to signage near a public park, public playground, public recre ation area, public forest, scenic area, or cemetery.

FRIDAY, FEBRUARY 13, 1998

749

Representative Dobbs of the 92nd moved that HB 1304 be placed upon the table.

Representative Ehrhart of the 36th moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon NAshe Y Bailey Y Bannister
Barfoot N Barnard
Barnes Bates Y Benefield
YBirdsong E Bohannon N Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown YBuck
Buckner NBunn Y Burkhalter YByrd Y Campbell
Canty YCaub YChannell NChilders
Y Clark YCoan
Coleman, B Y Coleman, T
Cornell Y Cooper Y Crawford E Crews

Culbreth N Cummings N Davis, G
Davis, M YDay N DeLoach, B Y DeLoach, G YDix
Dixon N Dobbs Y Dukes YEhrhart YBpps Y Evans
Everett Felton YFloyd Y Franklin Y Golden Graves Greene Y Grindley Hammontree Y Manner Y Harbin Y Heard YHecht NHeckstall E Hegstrom NHenson Y Holland N Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James
Jamieson NJenkins
Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning
N Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton
McKinney Y Mills N Mobley
Mosley Y MueUer NO'Neal NOrrock NParham

YParrish Y Parsons
Pelote Perry
Pinholster YPoag NPolak Y Ponder N Porter Y Powell YPurcell 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
Shanahan YShaw
Sherrill YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings N Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague NTeper N Thomas Tilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan
YYates Murphy, Spkr

On the motion, the ayes were 116, nays 28. The motion prevailed.

Representative Dobbs of the 92nd moved that HB 1304 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien NAndenon YAshe N Bailey N Bannister
Barfoot N Barnard
N Barnes Bates
N Benefield NBirdsong E Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown
NBuck N Buckner YBunn

N Burkhalter NByrd N Campbell
Canty NCash N Channel! Y Childers Y Clark
NCoan Coleman, B
N Coleman, T Connell
N Cooper N Crawford E Crews
Culbreth N Cuxnmings Y Davis, G Y Davis, M
NDay Y DeLoach, B

N DeLoach, G NDix Y Dixon Y Dobbs N Dukes NEhrhart NEpps N Evans
Everett N Felton NFloyd N Franklin N Golden N Graves
Greene N Grindley N Hammontree NHanner N Harbin N Heard NHecht

YHeckstall E Hegstrom YHenson N Holland Y Holmes N Houston N Howard NHudgens N Hudson, H N Hudson, N Y Hugley NIrvin N Jackson N James
Jamieson Y Jenkins N Johnson N Johnston
Jones N Joyce NKaye

NLadd NLakly NLane NLee
Lewis NLord N Lucas
Maddox NMann N Manning Y Martin, J N Martin, J.L NMassey NMcBee NMcCall Y McClinton Y McKinney N Mills Y Mobley
Mosley N MueUer

750
YO'Neal YOrrock NParham N Fairish N Parsons Y Pelote
Perry Pinholster NPoag YPolak N Ponder Y Porter NPoweU NPurcell NRagas

JOURNAL OF THE HOUSE,

NRandaU NRay
Reaves N Reichert NRice N Richardson N Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid N Scott
Shanahan

NShaw N Sherrill NShipp YSims
Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, L.R N Smith, P N Smith, T
Smith, V NSmyre N SneUing

NSnow N Stallings Y StancU, F Y Stancil, S
Stanley, L Stanley, P N Stephens Y Taylor NTeague Y Teper Y Thomas Tillman N Titus N Tolbert NTrense

N Turnquest NTwiggs N Walker, L N Walker, R.L N Watson EWest N Westmoreland
N Whitaker N Wiles
Williams, B
N Williams, J N Williams, R N Worthan
N Yates Murphy, Spkr

On the motion, the ayes were 32, nays 120. The motion prevailed.

Pursuant to Rule 134, Representative Lewis of the 14th asked to be excused from vot ing on HB 1304.

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 N Ashe YBaUey Y Bannister
Barfoot N Barnard YBarnes
Bates Y Benefield YBirdsong EBohannon N Bordeaux Y Bradford Y Breedlove Y Bridges
N Brooks Y Brown
YBuck N Buclmer NBunn
Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! Y ChUders N Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford ECrews

Culbretb Y CununinEB Y Davis, G N Davis, M YDay YDeLoach, B
Y DeLoach, G YDix YDUon NDobbs Y Dukes YEhrhart YEpps Y Evans
Everett Y Felton Y Floyd Y Franklin Y Golden
Graves Greene
Y Grindley Y Hanunontree YHanner
Y Harbin Y Heard YHecht Y Heckstall E Hegstrom NHenson Y Holland N Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson Jenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee
Lewis Lord Y Lucas Maddoi Mann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney Y Mills
Y Mobley Mosley
Y MueUer N O'Neal NOrrock YParham

YParrish Y Parsons
N Pelote Perry Pinholster
YPoag NPolak Y Ponder N Porter Y Powell
YPurceU YRagas YRandall
YRay Reaves
N Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw N 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
Smith, V
YSmyre Y SneUing YSnow YStallings Y Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephens N Taylor
NTeague NTeper N Thomas
TiHman
Y Titus Y Tolbert YTrense
Turnquest
YTwiggs Y Walker, L Y Walker, R.L
N Watson EWest 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, the ayes were 122, nays 28. The Bill, having received the requisite constitutional majority, was

FRIDAY, FEBRUARY 13, 1998

751

HB 1412.

By Representative McKinney of the 51st:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Anno tated, relating to county boards of health, so as to rename certain county boards of health and departments of health as county boards of public health and welhiess and county departments of public health and wellness, respec tively, and provide for continued powers and duties.

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

Y Alien YAnderson YAahe Y Bailey Y Bannister YBarfoot
Barnard YBames
Bates Y Benefield YBirdsong E Bohannon Y Bordeaux Y Bradford YBraedlove Y Bridges Y Brooks Y Brown
YBuck YBuckner
YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
Council Y Cooper Y Crawford E Crews

Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G
Diz YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans
Everett YFelton YFloyd Y Franklin
Y Golden Y Graves
Greene YGrindley Y Hammontree
Banner Y Harbin Y Heard YHecht YHeckstall E Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Y Jackson Y James Y Jamieson YJenkine 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 McCall Y McClinton Y McKinney Y Mills YMobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
Ray Reaves YReichert YRice Richardson Y Roberts Y Rogers Y Royal Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrill 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
Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Tilhnan Y Titus YTolbert Trense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson EWest Westmorland Whitaker Y Wiles Williams, B
Y Williams, J Y Williams, R
YWorthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 829. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th and Graves of the 125th:
A resolution authorizing the conveyance of certain state owned real property located in Bibb County.

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

Y Alien YAnderson YAshe

Y Bailey Y Bannister
Barfoot

Y Barnard YBarnes
Bates

Y Benefield YBirdsong
E Bohannon

Y Bordeaux Y Bradford
Y Breedlove

752

JOURNAL OF THE HOUSE,

Y Bridges Brooks
Y Brown YBuck Y Buckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford E Crews
Culbreth
Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G
Dii YDixon YDobbs Y Dukes YEhrhart

YEpps Y Evans
Everett YFelton YFloyd Y Franklin Y Golden Y Graves
Greene YGrindley Y Hammontree
Hanner Y Harbin Y Heard YHecbt YHeckstall E Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James
Jamieson YJenMns
Johnson Y Johnston

Y Jones Joyce
YKaye YLadd
Lakly YLane YLee Y Lewis YLord
Lucas Maddoz Y Mann Y Manning Martin, J Y Martin, J.L YMassey YMcBee McCall Y McClinton Y McKinney Y Mills Y Mobley Mosley Y MueUer YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Perry Y Pinholster YPoag

YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
Ray Reaves Y Reichert
YRice Richardson
Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan YShaw YSherriU 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 Smyre
YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense Tumquest YTwiggs Y Walker, L Walker, RL Y Watson EWest Y Westmoreland 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 138, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 1167.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hooks of the 14th, Perdue of the 18th and Walker of the 22nd.

The following Resolution of the House was read:

HR 1072. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Skipper of the 137th, Connell of the 115th and others:
A resolution in memory of Edward R. Katz.

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

Y Alien Y Anderaon
Ashe YBailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield
Birdsong EBohannon Y Bordeaux Y Bradford YBraedlove
Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter
YByrd CampbeU
Canty YCash YChannell
Y Childen Y Clark
Coan YColeman, B Y Coleman, T
Connell
Y Cooper Y Crawford E Crews

FRIDAY, FEBRUARY 13, 1998

Y Culbreth Y Cununings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix YDixon
Dobbs Y Dukes
Ehrhart
YEpps Y Evans YEverett Y Felton YFloyd Y Franklin
Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Manner Y Harbin
Y Heard YHecht YHeckstall EHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens 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 YLee Y Lewis YLord
Lucas Maddox YMann Y Manning Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y MueUer YOTSIeal YOrrock Y Parham

YParrish Y Parsons
YPelote Perry
Y Ptoholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YEagas YRandall
YRay Reaves
Y Reichert
YRice Y Richardson Y Roberts Y Rogers
Y Royal Sanders
Y Sauder YScarlett
Scheid Y Scott Y Shanahan YShaw YSherrill YShipp YSinu Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution was adopted.

753
Y Smith, L.R Smith,?
Y Smith, T Y Smith, Y
Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas TiUman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Walker, R.L Y Watson EWest Y Westmoreland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan YYates Y Murphy, Spkr

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

HR 1069. By Representatives Epps of the 131st, McBee of the 88th, Coleman of the 142nd, Ashe of the 46th and Barnes of the 33rd:
A resolution recognizing the Georgia Humanities Council and Dr. Jamil S. Zainaldin and inviting him to appear before the House of Representatives.

HR 1070. By Representative Rogers of the 20th:
A resolution commending the Gainesville High School baseball team and inviting the team and its coaches to appear before the House of Representa tives.

HR 1071. By Representatives Smyre of the 136th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Skipper of the 137th and others:
A resolution commending Georgia's First Lady, Shirley Miller, and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

754

JOURNAL OF THE HOUSE,

HR 1073.

By Representatives McBee of the 88th, Roberts of the 162nd, Stallings of the 100th, Buck of the 135th and Whitaker of the 7th:
A resolution commending the 35 local governments and organizations striving to improve records management practices in their communities, the Georgia Historical Records Advisory Board for its local Government Grant Program and its efforts to preserve historical records and information throughout the state, the Georgia Department of Community Affairs for supporting records management through its Local Government Efficiency Grant Program, and the National Historical Publications and Records Commission for its sus tained assistance to records activities in Georgia.

HR 1074. By Representatives Manning of the 32nd, Shipp of the 38th, Kaye of the 37th, Sauder of the 29th, Parsons of the 40th and others:
A resolution urging CSX railroad to reopen railroad crossings in Marietta.

HR 1075. By Representatives Mills of the 21st, Crews of the 78th, Mann of the 5th, Joyce of the 1st, Tfflman of the 173rd and others:
A resolution recognizing efforts to commemorate the Great Jubilee Year of 2000 and celebrate the 2000th Anniversary of the Birth of Jesus Christ.

HR 1076. By Representatives Bradford of the 30th, Sauder of the 29th, Manning of the 32nd, Wiles of the 34th, Barnes of the 33rd and others:
A resolution commending Joseph Burton Butler.

HR 1077. By Representatives Coleman of the 80th, Rice of the 79th, Massey of the 86th, Mills of the 21st, Crews of the 78th and others:
A resolution commending Honorable Jere Johnson.

HR 1078. By Representatives Cummings of the 27th, Bailey of the 93rd, Powell of the 23rd, Jackson of the 112th, Smith of the 169th and others:
A resolution recognizing the month of May, 1998, as "Motorcycle Awareness and You Month" in Georgia.

HR 1079. By Representative Westmorland of the 104th:
A resolution commending the Sharpsburg Sharpshooters Sons of Confederate Veterans Camp #1729.

HR 1080. By Representatives Holmes of the 53rd, Davis of the 48th, Brooks of the 54th, McKinney of the 51st, Mobley of the 69th and others:
A resolution commending and congratulating Renee Lewis Glover and the Atlanta Housing Authority.

HR 1081. By Representatives McCall of the 90th, Powell of the 23rd, Walker of the 141st, Murphy of the 18th, Bordeaux of the 151st and others:
A resolution recognizing "Health Care for Rural and Underserved Georgians Day".

FRIDAY, FEBRUARY 13, 1998

755

HR 1082.

By Representatives Ashe of the 46th, Mueller of the 152nd, Orrock of the 56th, Kaye of the 37th, Stancil of the 16th and others:
A resolution honoring the 50th anniversary of the establishment of the State of Israel.

HR 1083. By Representative Orrock of the 56th: A resolution recognizing and commending Dorothy R. Shaw.

HR 1084. By Representative Barnes of the 33rd: A resolution recognizing and commending Harry Chapman.

HR 1085. By Representatives Brooks of the 54th, McKinney of the 51st, Holmes of the 53rd, Canty of the 52nd, Davis of the 48th and others:
A resolution expressing regret at the passing of the Reverend J. D. Grier, Jr.

HR 1086. By Representatives O'Neal of the 75th and Bunn of the 74th: A resolution commending Candace Parr.

HR 1087. By Representative Pelote of the 149th: A resolution commending Dr. Will Smith, Jr.

HR 1088. By Representative Pelote of the 149th: A resolution commending the United House of Prayer for All People.

HR 1089. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution expressing regret at the passing of Delia McDuffie.

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

The Senate has disagreed to the House substitute to the following resolution of the Senate:

SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection.

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

Mr. Speaker:

756

JOURNAL OF THE HOUSE,

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

HR 858 Do Pass HR 1003 Do Pass HR 1047 Do Pass HR 1049 Do Pass

HR 1050 Do Pass HR 1052 Do Pass HR 1053 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Pursuant to HR 810, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 16,1998.

MONDAY, FEBRUARY 16, 1998

757

Representative Hall, Atlanta, Georgia Monday, February 16, 1998

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 Bannister Barfoot Barnard
Barnes BatM Benefield Birdsong Bohannon Bradford Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell Cadi Childen Clark Coan Coleman, B Coleman, T Cornell Cooper Crawford Crews Culbreth

DaTM, M DeLoach, B DeLoach, G Diion Dobbs Ehrhart Epps Evans Everett Felton Floyd Franklin Golden Graves
Greene Grindley Hammontree Harbin Heard Henaon Holland Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson

James Johnson Johnston Kaye Ladd Lane Lee Lewis Lord Mann Manning Martin, J Martin, J.L Maney McBee McCall McClinton
McKinney
Mute Mobley
Mosley Mueller O'Keal
Parbam
Parsons
Pelote
Pinholster
Pong
Polak

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,?

E Smith, T Smith, V Snelling Snow S tailings Stancil, F Stancil, S Stephens Taylor Teper Thomas Tillman Titus Tolbert Trense Twiggs Walker, L
Walker, R.L Watton
West
Wwtmoreland
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 Jamieson of the 22nd, Lucas of the 124th, Day of the 153rd, Stanley of the 49th, Davis of the 48th, Porter of the 143rd, Channell of the lllth, Alien of the 117th, Canty of the 52nd, Hecht of the 97th, Smyre of the 136th, Bordeaux of the 151st, Ponder of the 160th, Dix of the 76th, Turnquest of the 73rd, Maddox of the 72nd, Heckstall of the 55th, Jones of the 71st, Manner of the 159th, Teague of the 58th, Buckner of the 95th, Breedlove of the 85th, Orrock of the 56th, Joyce of the 1st, Parrish of the 144th and Jenkins of the 110th.
They wish to be recorded as present.

Prayer was offered by the Reverend W. A. (Bill) Smith, Evangelist, United Methodist Church, Sparks, 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.

758

JOURNAL OF THE HOUSE,

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

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

HB 1678. By Representative Johnston of the 81st:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the lottery for education, so as to provide for grants from lottery proceeds to certain stu dents who earn all A's.
Referred to the Committee on Education.

HB 1679. By Representatives Ashe of the 46th, Snelling of the 99th, Manning of the 32nd, Worthan of the 98th, Cooper of the 31st and others:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," so as to define the term "owner" and revise the definitions of the terms "plan" and "watercourse"; to make a certain legislative finding; to provide for one or more comprehensive land and water use plans.
Referred to the Committee on Natural Resources & Environment.

HB 1680. By Representatives Rice of the 79th, Jenkins of the 110th, Day of the 153rd, Williams of the 83rd and Hudgens of the 24th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide for intent; to prohibit certain public officers, candidates for public office, and campaign committees of candidates for public office from accepting contribu tions from certain business entities or persons.
Referred to the Committee on Rules.

HB 1681. By Representatives Holmes of the 53rd, Teper of the 61st, Orrock of the 56th, Tumquest of the 73rd, Davis of the 48th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Anno tated, relating to abatement of nuisances, so as to enact "The Georgia Neigh borhood Protection Act".
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 16, 1998

759

HB 1682. By Representative Twiggs of the 8th:
A bill to amend Code section 31-7-75.1 of the Official Code of Georgia Anno tated, relating to proceeds of sale or lease of hospital authority hospitals, so as to provide for the use of such proceeds for certain county health depart ment facilities under certain circumstances.
Referred to the Committee on Health & Ecology.

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

HB 1683. By Representatives Roberts of the 162nd, Tillman of the 173rd and James of the 140th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, relating to used motor vehicle dealers and used motor vehicle parts dealers, so as to define and redefine terms; to make it unlawful for the owner or lessee of real property to allow to be or have certain used motor vehicles displayed or parked on such property for the purpose of selling or advertising the sale of such vehicles.
Referred to the Committee on Motor Vehicles.

HB 1684. By Representative Westmoreland of the 104th:
A bill to amend an Act creating a new charter for the Town of Tyrone, so as to change the provisions relating to the powers and duties of the mayor and council.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1091. By Representative Howard of the 118th:
A resolution creating the Joint Study Committee on School Support Person nel.
Referred to the Committee on Education.

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

HB 1644 HB 1645 HB 1646 HB 1647 HB 1649 HB 1650 HB 1651
m HHUB 1J1O6655T35? HB 1657
HB 1658 HB 1661 HB 1663
HB 1664 HB 1665

HB 1666 HB 1667 HB 1668 HB 1669 HB 1670 HB 1671 HB 1672
H,,H,,BB 1.1-66_7743. HB 1675
HB 1676 HB 1677 HR 1054
HR 1055 HR 1056

760

JOURNAL OF THE HOUSE,

HR 1064 HR 1065 HR 1066 HR 1067
HR 1068

SB 431 HB 1648 HB 1654 HB 1656

Pursuant to Rule 52, Representative Walker of the 87th moved that the following Bill of the House be engrossed:

HB 1648.

By Representatives Walker of the 87th, Harbin of the 113th and Johnson of the 84th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 84 and 87.

The motion prevailed.

Pursuant to Rule 52, Representative Mosley of the 171st moved that the following Bill of the House be engrossed:

HB 1654.

By Representatives Mosley of the 171st, Byrd of the 170th, Smith of the 169th, Crews of the 78th, O'Neal of the 75th and others:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Anno tated, relating to sex education and AIDS prevention education, so as to require instruction regarding the legal consequences of parenthood.

The motion prevailed.

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:

HB 1656.

By Representatives Skipper of the 137th, Royal of the 164th, O'Neal of the 75th, Williams of the 63rd, Stancil of the 91st and others:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to provide for an exemption with respect to sales of blood glucose level measuring strips; to provide for an exemption for the sale of certain eligible food and bever ages to and by member councils of the Girl Scouts of the U.S.A. or the Boy Scouts of America.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1071 Do Pass, by Substitute

MONDAY, FEBRUARY 16, 1998

761

Respectfully submitted, Is/ Cummings of the 27th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 857 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 1634 Do Pass HB 1636 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 16, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enu merated below:
HB 1101 Georgia Health Care Authorities Law; enact HB 1140 Employment security; drug-free workplace; contribution rates HB 1143 Charitable organizations; cert audits; increase collection amts HB 1144 Security inst; cancellation; secure from clerk of superior court HB 1178 Ad valorem tax; certain penalties and interest; distribution HB 1185 J Wm Fulbright Educational Exchange Program; provisions HB 1200 Magistrates; training requirements HB 1470 County roads; designated truck routes; load limits; signs HB 1486 Local governments; toll roads and bridges; provisions HB 1529 Elections; cert state-wide offices; plurality election
HR 742 Blue Ribbon Commission on State Government Facilities; create HR 938 Rules of House; amend Rule 37 HR 954 "W. W. Fincher, Jr., Parkway"; designate

762

JOURNAL OP THE HOUSE,

HB 955 "Gerald H. Leonard Parkway"; designate HR 1032 Fed hwy trust funds; express consensus regarding Ga's share
8R 481 DeKalb Co. - conveyance of cert, state property (Tysinger of the 41st)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1634.

By Representatives Polak of the 67th, Henson of the 65th, Teper of the 61st, Maddox of the 72nd, Mobley of the 69th and others:
A bill to repeal an Act creating the Avondale Estates Development Author ity; to abolish the Avondale Estates Development Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1636.

By Representative Barnard of the 154th:
A bill to amend an Act providing for the election of members of the Board of Education of Tattnall County, so as to provide for nonpartisan election of the chairperson and the members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 569. By Senators Dean of the 31st, Brown of the 26th and Marable of the 52nd:
A bill to amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Music Hall of Fame Authority, and Article 1 of Chapter 8 of Title 50, relating to general provi sions governing the Department of Community Affairs, so as to eliminate the current members of the Georgia Music Hall of Fame Authority and make the membership of the Board of Community Affairs the members of the Author ity.

MONDAY, FEBRUARY 16, 1998

763

SB 570. By Senators Gillis of the 20th, Dean of the 31st, Bowen of the 13th and oth ers:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for the offense of the murder of a certified peace officer; to provide for an effective date and applicability.

HB 1165.

By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution to crime victims, so as to provide that adult offenders convicted of offenses involving theft and damage to property be required to make restitution to victims who are not otherwise reimbursed or compensated.

HB 1349.

By Representative Floyd of the 138th:
A bill to amend Code Section 10-1-3 of the Official Code of Georgia Anno tated, relating to requirements for retail installment contracts, limitations, and prepayment, so as to raise the amount of the acquisition cost allowed to the retailer when prepayment is made.

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

SB 569. By Senators Dean of the 31st, Brown of the 26th and Marable of the 52nd:
A bill to amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Music Hall of Fame Authority, and Article 1 of Chapter 8 of Title 50, relating to general provi sions governing the Department of Community Affairs, so as to eliminate the current members of the Georgia Music Hall of Fame Authority and make the membership of the Board of Community Affairs the members of the Author ity.
Referred to the Committee on State Planning & Community Affairs.

SB 570. By Senators Gillis of the 20th, Dean of the 31st, Bowen of the 13th and oth ers:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for the offense of the murder of a certified peace officer; to provide for an effective date and applicability.
Referred to the Committee on Special Judiciary.

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

HR 1090.

By Representatives Reichert of the 126th, Lucas of the 124th, Randall of the 127th, Graves of the 125th and Ray of the 128th:
A resolution commending the mayor and council of the City of Macon, the members of the Board of Commissioners of Bibb County, the Keep MaconBibb Beautiful Commission, and the Cherry Blossom Festival Board with respect to the annual Cherry Blossom Festival.

764

JOURNAL OF THE HOUSE,

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

HR 857. By Representatives Brooks of the 54th, Teague of the 58th, Mobley of the 69th, Turnquest of the 73rd, McClinton of the 68th and others:
A resolution recognizing the National Council of Negro Women and inviting members of the organization to appear before the House of Representatives.

HR 858. By Representatives Cooper of the 31st, Pinholster of the 15th, Stancil of the 16th, Coleman of the 80th, Everett of the 163rd and others:
A resolution commending Ludlow Porch and inviting him to appear before the House of Representatives.

HR 1003.

By Representatives Lee of the 94th, Hecht of the 97th, Bailey of the 93rd, Benefield of the 96th and Buckner of the 95th:
A resolution commending Marsha Mayes Hood and inviting her to appear before the House of Representatives.

HR 1047.

By Representative Floyd of the 138th:
A resolution recognizing and commending Miss Marci Dwozan, 1998 Georgia Watermelon Queen and inviting her to appear before the House of Represen tatives.

HR 1049.

By Representatives Titus of the 180th and Bates of the 179th:
A resolution commending the 1997 Thomas County Central High School football team and inviting the players and coaching staff to appear before the House of Representatives.

HR 1050. By Representative Whitaker of the 7th:
A resolution recognizing and commending the Gilmer County High School Band and inviting its director to appear before the House of Representatives.

HR 1052. By Representative Birdsong of the 123rd:
A resolution commending Brittney Rogers and inviting her to appear before the House of Representatives.

HR 1053.

By Representatives Powell of the 23rd, Culbreth of the 132nd, Buck of the 135th, Barnes of the 33rd and Murphy of the 18th:
A resolution honoring Candice Little, Miss Georgia 1997, and inviting her to appear before the House of Representatives.

The Speaker announced the House in recess until 2:15 o'clock this afternoon.

MONDAY, FEBRUARY 16, 1998

765

AFTERNOON SESSION

The Speaker called the House to order.
Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1069 Do Pass HR 1070 Do Pass HR 1071 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1353. By Representatives Walker of the 141st, Buck of the 135th, Sauder of the 29th and others:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Anno tated, relating to taxation of corporations and allocation and apportionment of income, so as to authorize the state revenue commissioner to enter into an agreement with the taxpayer to establish an allocation and apportionment formula under certain conditions.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1069. By Representatives Epps of the 131st, McBee of the 88th, Coleman of the 142nd, Ashe of the 46th and Barnes of the 33rd:
A resolution recognizing the Georgia Humanities Council and Dr. Jamil S. Zainaldin and inviting him to appear before the House of Representatives.
HR 1070. By Representative Rogers of the 20th:
A resolution commending the Gainesville High School baseball team and inviting the team and its coaches to appear before the House of Representa tives.

766

JOURNAL OF THE HOUSE,

HR 1071.

By Representatives Smyre of the 136th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Skipper of the 137th and others:
A resolution commending Georgia's First Lady, Shirley Miller, and inviting her to appear before the House of Representatives.

The following Resolution of the House was read and adopted:

HR 1094. By Representative James of the 140th:
A resolution recognizing and commending Lieutenant Colonel David Monroe Peaster.

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

HR 1096. By Representative Orrock of the 56th:
A resolution commending William Cope Moyers 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 Resolution of the House was taken up for consideration and read the third time:

HR 938. By Representatives Connell of the 115th, Lee of the 94th, Coleman of the 142nd, Walker of the 141st, Williams of the 114th and others:
A resolution amending the Rules of the House of Representatives.

The following Committee substitute was read:

A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. The Rules of the House of Representatives are amended by striking Rule 27 and inserting in lieu thereof the following:
"Rule 27. The following shall be the order of business:
(1) Call of the roll. (2) Scripture reading and prayer by the chaplain. (3) Pledge of Allegiance to the Flag of the United States of America. (4) Report of the Committee on Journals. (5) Confirmation of the journal. (6) Unanimous consents. (7) Introduction of bills and resolutions. (8) First and second readings and reference of House bills and resolutions. (9) Report of standing committees. (10) Third reading and passage of uncontested local bills and resolutions. (11) First and second readings and reference of Senate bills and resolutions. (12) Unfinished business of previous session. (13) Orders of the day. (14) Senate amendments to House bills and resolutions and reports of conference committees.

MONDAY, FEBRUARY 16, 1998

767

(15) Motions to reconsider. (16) Points ef- personal privilege. {t?K16) Bills and resolutions for third reading. (17) Points of personal privilege."
SECTION 2. The Rules of the House of Representatives are further amended by striking Rule 37 and inserting in its place a new Rule 37 to read as follows:
"Rule 37. Questions of privilege shall be those affecting the rights, safety, and dignity of the House collectively and the integrity of its proceedings; and the rights, reputation, and conduct of members individually, in their representative capacity only. Questions of privilege shall have precedence over all other questions except a motion to adjourn, pro vided that, when any matter is pending before the House, no question of personal privi lege shall be acted on until disposition is made of the pending question. No member shall be allowed to rise on a point of personal privilege until the period immediately pre ceding the commencement ef- after the third reading of bills and resolutions unless oth erwise ordered by a majority of a quorum voting. The remarks of each member rising on a point of personal privilege shall be limited to a maximum of ten minutes on that point, but this time limit may be waived at the discretion of the Speaker or by a major ity of a quorum."
SECTION 3. The Rules of the House of Representatives are further amended by striking Rule 138 and inserting in its place a new rule to read as follows:

snail fee allowed. When any question has been put to a vote by^ the Speaker's calling for a voice vote, calling for a show of hands, commencing the calling of yeas and nays, or unlocking the electric roll-call system, no debate shall be allowed and no member shall be recognized for a parliamentary inquiry or any other purpose until the vote has been completed and the result announced. The only exceptions allowed to this rule shall be: (1) when the Speaker has called for a voice vote or a show of hands, a member may call for the yeas and nays as provided for in Rule 133; (2) when an electric roll-call vote is in progress, a member may be recognized for the purpose of calling attention to a mal function in the electric roll-call system: or (3) a member may be recognized for the pur pose of calling attention to any member voting for another member in violation of Rule 136."
SECTION 4. The Rules of the House of Representatives are further amended by striking paragraph (1) of Rule 164, relating to powers of the Committee on Ethics, and inserting in its place the following:
"(1) To investigate and hold hearings with respect to any allegation of unethical or improper conduct on the part of any member of the House of Representatives or any employee of the House of Representatives. Sfteh invcatigatkma and hearings ay be initiated by the committee pe the complaint ef any Any member of the House of Representatives or any employee of the House of Representatives may file a complaint requesting such an investigation and hearing. Any such complaint shall be in writing and the complainant shall sign the complaint under oath that the allegations of the complaint are true and correct to the best of the complainant's knowledge and belief. Any such complaint may be presented by the complainant to any member of the com mittee. The member receiving a complaint shall transmit it to the chairperson of the committee, unless the complaint calls into question the conduct of the chairperson in which case it shall be transmitted to the appropriate officer to appoint a replacement for the chairperson, as provided for in Rule 169. The Majority Leader, the Minority Leader, the Majority Whip, and the Minority Whip shall constitute a subcommittee for the initial consideration of any complaint, unless the complaint calls into question

768

JOURNAL OF THE HOUSE,

the conduct of one of those members in which case a replacement shall be appointed as provided for in Rule 169. The subcommittee shall consider all complaints filed and by a majority of its four members determine whether to call for investigation or com mittee hearing or both with respect to the complaint or whether the complaint is friv olous or otherwise does not merit investigation or hearing. Such determination may be made at a meeting of the subcommittee, by^ conference b telephone or other elec tronic means, or without meeting or conference in a writing subscribed by a majority of the members of the subcommittee. Such initial consideration shall be conducted within 30 days after the filing of the complaint."

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HR 938 by inserting at the end a new section to be designated Section 5 to read as follows:
"Section 5.
The Rules of the House of Representatives are further amended by inserting in Rule 171, after paragraph (3), a new paragraph (3.1) to read as follows:
'(3.1)(A) No member of the House shall accept from any lobbyist or any person repre sented by a lobbyist any gratuitous transfer or any gratuitous loan of any thing of value that exceeds $25 in any calendar day from any one source.
(B) This prohibition shall not apply to: (i) campaign contributions; (ii) food or bever ages; or (iii) any items of value associated with normal and customary nonpublic busi ness or social functions or activities which are clearly unrelated to public policy.'"

The following amendment was read and adopted:

Representative Kaye of the 37th moves to amend the Committee substitute to HR 938 by inserting at the end the following:
"(C) Violations of this paragraph (3.1) shall be handled by the Committee of Ethics cre ated by Rule 164 in furtherance of the power conferred upon the House by Article III, Section IV, Paragraph VII of the Constitution of this State."

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

N Alien N Andenon NAshe N Bailey
Bannister NBarfoot Y Barnard YBarnes Y Bates NBenefield N Birdsong Y Bohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn NBurkhalter NByrd

Y Campbell N Canty NCash N Channel! N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper N Crawford Y Crews N Culbreth N Cummings N DavU, G Y Davis, M N Day NDeLoach, B E DeLoach, G Y Dix N Diion N Dobbs

N Dukes Y Ehrhart N Epp8 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 Y Hecht N Heckntall N Hegstrom N Henson N Holland N Holmes N Houston

N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin N Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
Jones Y Joyce Y Kaye Y Ladd Y Lakly N Lane N Lee Y Lewis N Lord N Lucas N Maddox

Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Mills N Mobley N Mceley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster N Poag N Polak

MONDAY, FEBRUARY 16, 1998

769

N Ponder N Porter NPowell NPurceU NRagas NRandall NRay N Reaves NReichert YRice Y Richardson
N Roberts N Rogers

N Royal YSandere NSauder NScailett YScheid
Y Scott NShanahan NShaw NSherrill NShipp NSims N Sinkfield N Skipper

Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling NSnow NStafflngs N Stancil, F Y Stancil, S

Stanley, L N Stanley, P N Stephens N Taylor NTeague NTeper N Thomas NTillman N Titus N Tolbert NTrense N Turnquest NTwiggs

N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker Y Wiles Y Williams, B Y Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 54, nays 118. The amendment was lost.

The following amendment was read:

Representative Westmoreland of the 104th moves to amend the Committee substitute to HR 938 by adding at the end thereof a new Section 5 to read as follows:
Section 5
The Rules of the House of Representatives are further amended by amending Rule 12 as follows:
Last paragraph, last sentence after the word "business" place a period and delete the rest of the paragraph.

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

N Alien
N Andenon YAshe
N Bailey N Bannister NBarfoot N Barnard NBarnes Y Bates N Benefield NBirdsong
YBohannon N Bordeaux N Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn Y BurkhalUr NByrd Y Campbell N Canty YCash N Channel!
NChildere Y Clark YCoan
YColeman, B N Coleman, T N Cornell Y Cooper
N Crawford Y Crews

N Culbreth N Cummings N DaTM, G YDavis, M YDay N DeLoach, B E DeLoach, G YOU NDixon
NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett YFelton NFloyd Y Franklin
Golden N Graves NGreene Y Grindley Y Hammontree N Manner N Harbin N Heard NHecht NHeckstaU N Hegstrom NHenson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N NHugley Ylrvin Y Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddoi YMann N Manning N Martin, J N Martin, J.L NMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley NMosley Y Mueller N O'Neal NOrrock N Parham

N Parrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter N Powell NPurcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson
Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan NShaw 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 NSmyre Y SneUing NSnow NStallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus N Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker Y Wiles N Williams, B Y Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

770

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 56, nays 115. The amendment was lost.

The following amendment was read and adopted:

Representatives Burkhalter of the 41st, Walker of the 141st, Harbin of the 113th and Graves of the 125th move to amend the Committee substitute to HR 938 as follows:
On page 1, line 29 insert
"(16) Notices of points of personal priviledge."
Renumber accordingly
On page 2, add the following language after "Rule 37" and before the word "Question" on line 7
"Notices of points of personal priviledge shall be made immediately prior to the reading of bills and resolutions for the third time, shall not exceed 1 minute in length, and shall be limited to informing the membership of the subject matter of his/her remarks to be made at the designated points of personal priviledge time as provided for herein."
On page 2, Section 2 on line 17, after the word "priviledge" add
"except to give notice as provided for in No. 16 of Rule 27."

Representative McKinney of the 51st moved that the House reconsider its action in adopting the Burkhalter amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
NAshe N Bailey N Bannister
NBarfoot N Barnard NBarnes N Bates N Benefield NBirdsong Y Bohannon N Bordeaux N Bradford
Breedlove N Bridges Y Brooks N Brown NBuck N Buckner N Bunn N Burkhalter NByid N Campbell N Canty NCash N Channel! N Childera Y Clark YCoan N Coleman, B N Coleman, T N Connell N Cooper N Crawford Y Crews

N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B EDeLoach.G YDix NDixon
NDobbs Y Dukes NEhrhart
NEpps N Evans N Everett Y Felton NFloyd Y Franklin N Golden N Graves N Greene N Grindley N Hammontree N Manner N Harbin N Heard NHecht NHeckstaU N Hegstrom NHenson
N Holland N Holmes
N Houston N Howard NHudgens N Hudson, H

N Hudson, N N Hugley NIrvin Y Jackson N James N Jamieson N Jenkins
Johnson N Johnston Y Jones Y Joyce NKaye NLadd YLakly NLane
NLee N Lewis NLord
N Lucas N Maddox YMann N Manning N Martin, J N Martin, J.L
NMassey NMcBee NMcCall
McClinton Y McKinney Y Mills N Mobley N Mosley N Mueller NO'Neal NOrrock N Parham

NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter NPowell NPurcell
NRagas NRandaU
NRay N Reaves N Reichert
NRice N Richardson
N Roberts Y Rogers N Royal
Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan
NShaw N Sherrill
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 NSnelling NSnow NStallings N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephens N Taylor NTeague NTeper N Thomas NTUlman N Titus N Tolbert NTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L N Watson N West Y Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan YYates
Murphy, Spkr

MONDAY, FEBRUARY 16, 1998

771

On the motion, the ayes were 26, nays 147. The motion was lost.

The following amendment was read:

Representative Irvin of the 45th moves to amend the Committee substitute to HR 938 by adding after line 3 of page 4 the following:
"SECTION 5.
The Rules of the House of Representatives are further amended by adding immediately following Rule 171 a new rule to read as follows:
'Rule 172. The House of Representatives shall not employ any person who is a former member of the House of Representatives until such person has been out of such office at least 24 months."'

The following amendment was read:

Representative Evans of the 28th moves to amend the Irvin amendment to the Committee substitute to HR 938 by striking "a new rule" and inserting "new rules" on line 7 of page 1.
By striking line 12 of page 1 and inserting in its place the following:
"office at least 24 months.
Rule 173. In hiring or contracting, neither the House of Representatives, its committees, nor any of its subcommittees 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.'""

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

N Alien
N Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard NBarnes Y Bates Y Benefield
YBirdsong Y Bohannon
N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown YBuck N Buckner YBunn Y Burknalter YByrd Y Campbell Y Canty
YCasb Y Channel! Y ChUders Y Clark
YCoan

Y Coleman, B Y Coleman, T N Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M
YDay Y DeLoach, B E DeLoach, G YDix NDixon
YDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Felton N Floyd Y Franklin Y Golden Y Graves NGreene Y Grindley Y Hammontree Y Manner

Y Harbin N Heard YHecht NHeckstall
N Hegstrom YHenson Y Holland N Holmes Y Houston N Howard
Y Hudgens Y Hudson, H
Hudson, N N Hugley Ylrvin
Y Jackson N James Y Jamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye NLadd YLakly YLane YLee Y Lewis NLord

N Lucas Y Maddoz YMann Y Manning N Martin, J Y Martin, J.L YMaasey YMcBee YMcCall N McClinton N McKinney Y Mills N Mobley YMosley Y Mueller YO'Neal NOrrock YParham YParrish
Y Parsons N Pelote Y Perry Y Pinholster
YPoag NPolak Y Ponder Y Porter YPowell YPurcell
NRagas

NRandall NRay Y Reaves YReichert YRice Y Richardson
N Roberts Y Rogers Y Royal Y Sanders YSauder Y Scarlett
YScheid Y Scott Y Shanahan
YShaw NSherrill YShipp
NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W Y Smith, L
Y Smith, L.R Y Smith, P E Smith, T Y Smith, V
NSmyre YSnelUng

772

JOURNAL OF THE HOUSE,

\ Snow Y Stalling) NStancU, F YStancU, S
Stanley, L
N Stanley, P

Y Stephens N Taylor NTeague NTeper N Thomas YTilhnan

Y Titus YTolbert YTrense N Tumquest YTwiggs Y Walker, L

Y Walker, R.L N Watson YWest Y Westmorland YWhitaker Y Wiles

On the adoption of the amendment, the ayes were 126, nays 47. The amendment was adopted.

Y Williams, B Y Williams, J
Y Williams, R
YWorthan
YYates Murphy, Spkr

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

N Alien N AiMunon YAshe N Bailey Y Bannister NBarfoot N Barnard NBarnes Y Bates NBenefield NBirdsong YBohannon
N Bordeaux N Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn YBurkhalter
NByrd Y Campbell
N Canty YCash NChannell NChilders Y Clark YCoan YColeman, B N Coleman, T NConnell Y Cooper N Crawford Y Crews

NCulbreth N Cununinsrs N Davis, G Y Davis, M YDay NDeLoach, B EDeLoach, G YDix NDixon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett YFelton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hanunontree N Manner N Harbin N Heard NHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N NHugley Ylrvin Y Jackson
N James N Jamieson N Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y 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 NMosley Y Mueller NO'Neal NOrrock NParham

NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott
NShaw NSherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 66, nays 108. The amendment was lost.

Y Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTUlman
Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L
N Watson NWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan
YYates Murphy, Spkr

The following amendment was read:

Representative Day of the 153rd moves to amend the Committee substitute to HR 938 as follows:
After Section 4, add Section 5 to read as follows:
Section 5
GPTV (Georgia Public Television) shall allocate at least 10 minutes to coverage of each day's "Point of Personal Privilege" on its show called "Lawmakers."

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

MONDAY, FEBRUARY 16, 1998

773

N Alien N Andersen YAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes
Bates N Benefield NBirdaong YBobannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCaah N Channel! NChilden Y Clark YCoan YColeman, B YColeman,T NConnell Y Cooper
N Crawford Y Crews

Y Culbreth N Cummings N DaviB, G
Y Davis, M YDay
DeLoach, B EDeLoach, G YDii NDizon NDobbs N Dukes YEhrhart NEppe Y Evans
YEverett N Felton NFloyd
Y Franklin N Golden N Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht NHeckstall NHegstrom YHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson N Jenkins
Johnson
Y Johnston N Jones Y Joyce YKaye YLadd
YLakly NLane NLee Y Lewis NLord N Lucas YMaddoi YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills
N Mobley YMosley Y Mueller NO'Neal NOrrock NParbam

NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves NReichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders YSauder Y Scarlett YScheid Y Scott N Shanahan NShaw NSherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W
N Smith, L

On the adoption of the amendment, the ayes were 75, nays 97. The amendment was lost.

Y Smith, L.R N Smith, P E Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings
NStancil, F Y Stencil, S
Stanley, L N Stanley, P Y Stephens N Taylor
NTeague NTeper
N Thomas NTillman Y Titus YTolbert YTrense N Turnquest NTwiggs N Walker, L
Y Walker, R.L N Watson
NWest Y Westmoreland N Whitaker Y Wiles Y Williams, B
Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

The following amendment was read:

Representative Evans of the 28th moves to amend the Committee substitute to HR 938 by adding after line 3 of page 4 the following:
"SECTION 5.
The Rules of the House of Representatives are further amended by adding immediately following Rule 171 a new Rule to read as follows:
'Rule 172. Neither the House of Representatives, its committees, nor any of its subcom mittees 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.'"

The following amendment was read and adopted:

Representative Irvin of the 45th moves to amend the Evans amendment to the Committee substitute to HR 938 as follows: By adding before "Neither", on line 9, page 1, the following:
"In hiring or contracting,"
A"nn"d. by changing the capital "N" at the beginning of the word "Neither" to a lower case

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

774

JOURNAL OF THE HOUSE,

N Alien N Anderson YAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes
Bates NBenefield NBbdBong YBohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn YBurkhalter NByrd Y Campbell
Canty YCaah Y Channel! NChilders Y Clark YCoan Y Coleman, B N Coleman, T N Cornell Y Cooper Y Crawford Y Crews

Y Culbreth N Cummings
N Davis, G Y Davis, M YDay NDeLoach, B EDeLoach, G YDix NDizon NDobbe N Dukes YEhrhart NEpps Y Evans YEverett Y Felton NPloyd Y Franklin N Golden Y Graves NGreene YGrindley Y Hammontree N Manner Y Harbin N Heard NHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard
YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson
Jenkins Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee McCall N McClinton N McKinney Y Mills
N Mobley NMosley Y Mueller N O'Neal NOrrock N Parham

N Fairish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter
Powell NPurcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberta Y Rogers N Royal
Y Sanders Sauder
Y Scarlett
Y Scheid Y Scott N Shanahan NShaw NSherrill YShipp NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 73, nays 93. The amendment was lost.

Y Smith, L.R Y Smith, P E Smith, T Y Smith, V N Smyre YSnelling NSnow NStallings NStancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland NWhitaker Y Wiles
Williams, B Y Williams, J
Williams, R Y Worthan Y Yates
Murphy, Spkr

The following amendment was read and adopted:

Representatives Campbell of the 42nd and Walker of the 141st move to amend the Com mittee substitute to HR 938 as follows:
By adding between the period and the quotation mark on line 3 of page 4 the following:
"Where the subcommittee does not by a majority vote of its four members decide to go forward with a hearing, this shall constitute a finding that the complaint is frivolous or does not merit further investigation and such determination shall be a final disposition of the complaint and this matter and the full committee shall take no further action on the complaint."

The following amendment was read:

Representative Brown of the 130th moves to amend the Committee substitute to HR 938 as follows:
Section 5. 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 12 hours prior to the convening of such meeting out side the offices of the Speaker of the House and Clerk of the House and through all other methods of public dissemination that is currently in effect. By a majority vote of a quorum of a committee or".

MONDAY, FEBRUARY 16, 1998

775

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

N Alien N Andersen NAshe N Bailey Y Bannister
NBarfoot Y Barnard NBarnw Y Bates N Benefield
NBirdsong YBohannon
N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn YBurkhalter NByrd Y Campbell N Canty YCash NChanneU NChilders Y Clark YCoan Y Coleman, B NColeman, T NConnell Y Cooper N Crawford Y Crews

N Culbreth N Cununings NDavis, G Y Davis, M YDay YDeLoach, B EDeLoach, G YDix NDixon
NDobbs N Dukes YEhrhart NEpps Y Evans YEverett YFelton
NFloyd Y Franklin
N Golden N Graves NGreene Y Grtodley YHammontree N Manner N Harbin N Heard NHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N NHugley Ylrvin
Y Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
N Jones Y Joyce YKaye YLadd
YLakly NLane
NLee Y 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 NMosley Y Mueller NO'Neal NOrrock NParham

NParrish N Parsons N Pelote N Perry YPinholster
NPoag NPolak Y Ponder N Porter NPowell NPureeU NRagas NRandaU NRay N Reeves NReichert YRice Y Richardson N Roberta N Rogers N Royal Y Sanders NSauder Y Scarlett YScheid
Scott N Shanahan NShaw NSherrill 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 NSmyre YSneUing NSnow N Stalling N Stancil, F Y Stancil, S
Stanley, L N Stanley, P
N Stephens N Taylor N Teague NTeper N Thomas NTillman Y Titus NTolbert YTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhi taker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 62, nays 111. The amendment was lost.

The following amendment was read:

Representatives Stancil of the 16th and Smith of the 103rd move to amend the Committee substitute to HR 938 by redesignating Sections 3 and 4 as Sections 4 and 5, respectively, and by inserting immediately following line 24 of page 2 the following:
"SECTION 3.
The Rules of the House of Representatives are further amended by striking Rule 58, which is reserved, 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 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.

776

JOURNAL OF 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.'"

The following amendment was read:
Representatives Stancil of the 16th, Walker of the 141st, Skipper of the 137th, Smith of the 103rd and Snelling of the 99th move to amend the Stancil amendment to the Commit tee substitute to HR 938 as follows:
By adding after the word "by" on line 17 the words "two thirds" and by deleting the words "the requisite number" and by putting before the word "members" the word "the" and by deleting the words beginning with "and" on line 23 and ending with the word "cal endar" on line 24 and by deleting line 25 beginning with the words "The" to and through line 28 and by adding a new sentence at the end of the first paragraph to read: "During the last 25 days of the session, and provided a bill or resolution has been on the General Calendar in the Rules Committee at least 5 days, a bill or resolution can be placed on the Rules Calendar by a petition signed by two thirds of the members of the House as pro vided for herein."
On the adoption of the Stancil amendment to the Stancil amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove N Bridges Y Brooks Y Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash YChannell
Y Guilders Y Clark NCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford N Crews

Y Culbreth Y CunutninKS Y Davis, G N Davis, M YDay YDeLoach, B
EDeLoach, G NDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd N Franklin
Y Golden Y Graves YGreene YGrindley Y Hammontree YHanner Y Harbin
Y Heard YHecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin N Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Y Jones N Joyce NKaye
NLadd NLakly YLane YLee N Lewis YLord
Y Lucas Y Maddoi NMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton Y McKinney N 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 YPureell 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 Y SherrUl 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 N Smith, V YSmyre Y Snelling YSnow YStaffings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus NTolbert YTrense YTurnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R NWorthan N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 150, nays 23. The amendment was adopted.

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

MONDAY, FEBRUARY 16, 1998

777

Y Alien N Andersen YAshe Y Bailey
Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell Y Canty 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 CtuuminB Y Davis, G Y Davis, M YDay Y DeLoach, B EDeLoach, G YD YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton
YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin
Y Heard YHecht
YHeckstall Hegstrom
YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
James Y Jamieson Y Jenkins
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 YMassey YMcBee YMcCaU N McClinton Y 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 Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott YShanahan YShaw Y Sherrill
YShipp YSims N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 166, nays 5. The amendment was adopted.

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 N Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus
Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Worthan YYates
Murphy, Spkr

The following amendment was read and withdrawn:

Representative Snelling of the 99th, et al. move to amend the Committee substitute to HR 938 by striking Section 1 in its entirety. By striking Section 2 in its entirety. By redesignating Section 3 and Section 4 as Section 1 and Section 2, respectively.
By striking the word "further" on line 26 of page 2.

The following amendment was read:

Representatives Grindley of the 35th and Powell of the 23rd move to amend the Commit tee substitute to HR 938 by adding at the end thereof a new Section 5 to read as follows:
"SECTION 5.
The Rules of the House of Representatives are further amended by adding at the end thereof a new Rule 172 to read as follows:
'Rule 172. It is the policy of the House of Representatives that each candidate seeking nomination and election to the House of Representatives is urged to submit the results of a voluntary, established drug test conducted in accordance with the requirements of Code Section 21-2-140 of the Official Code of Georgia Annotated as such Code section existed on January 1, 1993, to the officer with whom such candidate qualifies stating

778

JOURNAL OF THE HOUSE,

that such candidate has been voluntarily tested for illegal drugs within 30 days prior to qualifying for nomination or election and that the results of such test are negative.'".

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

N Alien N Anderson YAshe N Bailey Y Bannister NBaifoot Y Barnard
Barnes N Bates N Benefield
NBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown
Buck N Buckner YBunn Y Burkhalter NByrd Y CampbeU N Canty YCash YChanneU
Y Childere Y Clark YCoan Y Coleman, B N Coleman, T NConneU Y Cooper Y Crawford Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M
YDay Y DeLoach, B E DeLoach, G
YDix NDiion NDobbs N Dukes YEhibart
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
YHecht NHeckstall N Hegstrom NHenson Y Holland N Holmes N Houston N Howard YHudgens Y Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Y Jenkins
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
YMassey NMcBee YMcCall N McClinton N McKinney YMills N Mobley YMosley Y MueUer NO'Neal NOrrock N Parham

NParrish Y Parsons N Pelote N Perry Y Pinholster YPoag NPolak N Ponder N Porter YPowell YPurcell
NRagas NRandall
YRay N Reaves N Reicbert YRice Y Richardson
N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott N Shanahan NShaw YSherrill YShipp NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 92, nays 79. The amendment was adopted.

Y Smith, L.R Y Smith, P E Smith, T Y Smith, V NSmyre YSnelling YSnow NStallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens NTaylor
Teague N Toper N Thomas NTillman Y Titus Y Tolbert YTrense NTurnquest YTwiggs N Walker, L Y Walker, R.L
N Watson NWest Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

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

Y Alien Y Anderaon
NAshe Y Bailey N Bannister YBarfoot N Barnard Y Barnes Y Bates Y Benefield
YBirdsong N Bohannon Y Bordeaux N Bradford
Breedlove N Bridges Y Brooks N Brown YBuck

Y Buckner
N Bunn N Burkhalter
YByrd N CampbeU
Y Canty NCash YChanneU YChilders N Clark
NCoan N Coleman, B Y Coleman, T YConnell
N Cooper N Crawford N Crews N Culbreth Y Cumnungs

Y Davis, G N Davis, M NDay N DeLoach, B E DeLoach, G NDix YDixon YDobbs Y Dukes NEhrhart YEpps N Evans N Everett N Felton YFloyd N Franklin Y Golden N Graves YGreene

N Grindley N Hammontree
Y Manner N Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin N Jackson

Y James Y Jamieson N Jenkins
Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddox NMann N NfanninK Y Martin, J

MONDAY, FEBRUARY 16, 1998

779

N Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley Y Motley N Mueller YO-Neal YOrrock YParham YParrish N Parsons Y Pelote Y Perry

N Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagag YRandall YRay Y Reaves Y Reichert NRice N Richardson Y Roberts Y Rogers Y Royal

N Sanders N Sauder N Scarlett NScheid N Scott Y Shanahan YShaw YSherrill NShipp 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 NSnelling YSnow Y Stalling! Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper YThomae YTillman Y Titus

Y Tolbert NTrense Y Turnquest YTwigg. Y Walker, L Y Walker, RX Y Watson YWest N Westmorland NWhitaker NWUes N Williams, B N Williams, J N Williams, R N Worthan YYates
Murphy, Spkr

On the motion, the ayes were 103, nays 71. The motion prevailed.

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

N Alien N Andenon YAsbe N Bailey Y Bannister NBarfoot Y Barnard YBaroes N Bates N Benefield NBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty YCash Y Channel! Y ChUders Y Clark YCoan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Crawford Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B E DeLoach, G YDix NDixon NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett Y Fetton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard YHecht NHeckatall NHegstrom NHenson Y Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Y Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas Y Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee YMcCall N McClinton N McKinney YMills N Mobley NMosley Y Mueller NO'Neal NOrrock N Parham

NParrish Y Parsons NPelote N Perry Y Pinholster YPoag NPolak N Ponder N Porter YPowell NPurcell NRagas NRandall YRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott N Shuudum NShaw NSherriU YShipp NSims N Sinkfleld N Skipper Y Smith, C Y Smith, C.W N Smith, L

On the re-adoption of the amendment, the ayes were 88, nays 85. The amendment was adopted.

Y Smith, L.R Y Smith, P E Smith, T Y Smith, V NSmyre YSneUing NSnow NStallings N Stancil, F YStancil, S
Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman
Titus Y Tolbert YTrense NTurnquest YTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

The following amendment was read:

Representative Franklin of the 39th moves to amend the Committee substitute to HR 938 as follows:

780

JOURNAL OF THE HOUSE,

Page 1 line 11 change "flag" to "flags" Page 1 line 12 after "America" add "and Georgia".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien N Anderaon NAshe N Bailey
Bannister NBarfoot N Barnard YBaraes N Bates N Benefield
NBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty YCash YChannell N Childers Y Clark YCoan YColeman, B NColeman, T NConnell
Y Cooper Y Crawford
Crews

N Culbreth Y Cummings N Davis, G Y Davis, M YDay NDeLoach, B E DeLoach, G YDix NDixon NDobbs N Dukes YEhihart NEpps Y Evans Y Everett Y Felton NFloyd Y Franklin
N Golden Y Graves
NGreene Y Grindley Y Hammontree N Banner Y Harbin N Heard
YHecht NHeckstall N Hegstrom NHenson Y Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H

Y Hudson, N N Hugley Ylrvin Y Jackson
N James N Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas N Maddox YMann Y Mftnning N Martin, J N Martin, J.L YMassey NMcBee YMcCall N McClinton N McKinney Y Mills
N Mobley NMosley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons
N Pelote N Perry Y Pinholster
NPoag NPolak Y Ponder Y Porter YPowell NPurcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett YScheid N Scott Y Shanahan NShaw NSherrill
YShipp N Sims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 81, nays 90. The amendment was lost.

Y Smith, L.R Y Smith, P E Smith, T Y Smith, V NSmyre YSneUing NSnow NStallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor
NTeague NTeper N Thomas NTillman Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland NWhi taker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to HR 938 as follows:
Strike Sections 1 and 2 in their entirety. Renumber "Section 3" and "Section 4" to "Section 1" and "Section 2" respectively strike page 2 line 26 the word "further".
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 Bannister NBarfoot N Barnard

NBaroes N Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford

Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn

N Burkhalter
NByrd Y Campbell
N Canty YCash N Channel! N Childers

Y Clark YCoan N Coleman, B N Coleman, T NConnell N Cooper N Crawford

MONDAY, FEBRUARY 16, 1998

781

Crews NCulbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B E DeLoach, G YDii NDixon NDobbs N Dukes YEhrhart
NEpps Y Evans NEverett Y Felton NFloyd Y Franklin N Golden N Graves NGreene Y Grindley Y Hammontree NHanner N Harbin
N Heard NHecht N Heckstall

N Hegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H N Hudson, N
N Hugley Nlrvin Y Jackson
N James N Jamieson NJenkins
Johnson Y Johnaton 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 N McKinney Y Mills N Mobley N Mosley Y MueUer N O'Neal NOrrock NParham NParrish N Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter NPoweU NPurcell NRagas NRandall NRay

N Reaves N Reichert
YRice N Richardson N Roberta N Rogers N Royal Y Sanders N Sauder N Scarlett YScbeid Y Scott N Shanahan
NShaw N Sherrill
YShipp 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 N Snelling
NSnow

N StaUings N Stancil, F N Stancil, S
Stanley, L N Stanley, P N Stephens N Taylor NTeague NTeper
N Thomas NTUlman N Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker 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 44, nays 129. 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.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen
YAshe Y Bailey
N Bannister YBarfoot N Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux N Bradford
Breedlove N Bridges N Brooks Y Brown YBuck
Y Buckner NBunn
Y Burkhalter YByrd N Campbell N Canty YCash Y Channel! Y Childers N Clark YCoan Y Coleman, B

Y Coleman, T Y Connell Y Cooper Y Crawford
Crews Y Culbreth Y Cummings
Y Davis, G N Davis, M YDay Y DeLoach, B E DeLoach, G NDix Y Diion YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd N Franklin
Y Golden Y Graves Y Greene N Grindley N Hammontree
Y Banner Y Harbin Y Heard

YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston N Jones N Joyce YKaye YLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddox NMann

Y Manning Y Martin, J Y Martin, J.L YMassey Y McBee YMcCall Y McClinton N McKinney
YMills Y Mobley Y Mosley N Mueller Y O'Neal YOrrock YParham YPanrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell 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 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 N Smith, V YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L

782

JOURNAL OF THE HOUSE,

Y Stanley, P Y Stephens YTaylor YTeague YTeper

Y Thomas Y Tillman Y Titus Y Tolbert N Trense

Y Turnquest Y Twiggs Y Walker, L Y Walker, RL Y Watson

Y West N Westmorland Y Whitaker N Wiles Y Williams, B

Y Williams, J Y Williams, R Y Worthan N Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 145, nays 28.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

By unanimous consent, all remaining bills and resolutions on the Rules Calendar were postponed until Tuesday, February 17, 1998.

Representative Skipper of the 137th 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 17,1998

783

Representative Hall, Atlanta, Georgia Tuesday, February 17, 1998

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:

Bailey Bannister Barfoot Barnard Barnes Bates Benefield Birdsong Bohaonon Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Campbell
% Cha*nne,,ll Childer. Clark Coleman,B
ConneU ECrawford
Crews

Culbreth Cummings DeLoach, B DeLoach, G E Dii Dizon Dobbs Ehrhart Epps Everett Felton Floyd Franklin Golden Grindley Hanunontree Manner Harbin Heard
gHo6"ll8a0n0d. Howard Hudgens Hudson, H
Hudson, N Hugley
Jackson

Junes Johnson Johnston Joyce Kaye Lakly Lee Lewis Lord Mann Manning Martin, J Martin, J.L Massey McBee E McCUnton McKinney Mills Mobley
MJJuoe'flcleyr O'Neal Paiham Parrish
Parsons Pelote
Pinholster

Pong Powell Ragas Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Shanahan Shaw Shipp guns Ski
S,,mlitth. ,' Crw f*%> C'W fTM* "* Smith, P
E Smith, T Smith, V
SneUing

Snow Stallings Stancil, F Stancil, S Stanley, L Stanley,? Stephens Taylor Teague Teper Thomas Tfflman Titus Tolbert Turnquest Twiggs Walker, L Watson We8t
Ww,eits=tmirorreland S^61 J^es ,, WiUiams, B
Williams, R Worthan
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lane of the 146th, Davis of the 60th, Houston of the 166th, Lucas of the 124th, Bordeaux of the 151st, Day of the 153rd, Smith of the 109th, Scott of the 165th, Cooper of the 31st, Anderson of the 116th, Ladd of the 59th, Graves of the 125th, Alien of the 117th, Hecht of the 97th, Yates of the 106th, Polak of the 67th, Dukes of the 161st, Jamieson of the 22nd, Greene of the 158th, Evans of the 28th, Ponder of the 160th, Porter of the 143rd, Purcell of the 147th, Ashe of the 46th, Jones of the 71st, Coleman of the 142nd, Maddox of the 72nd, Randall of the 127th, Holmes of the 53rd, Scheid of the 17th, Smyre of the 136th, Davis of the 48th, Walker of the 87th, Canty of the 52nd, Buckner of the 95th, Orrock of the 56th, Williams of the 83rd, Sinkfield of the 57th, Heckstall of the 55th, Irvin of the 45th and Jenkins of the 110th.
They wish to be recorded as present.

Prayer was offered by the Reverend Wayne Cofield, Pastor, Whitfield 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.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

784

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1685. By Representatives Ehrhart of the 36th and Johnston of the 81st: 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 expand the existing prohibition on religious discrimination at the Uni versity of Georgia to include race, gender, national origin, or alumni status of parents, family, or predecessors.
Referred to the Committee on University System of Georgia.
HB 1686. By Representatives West of the 101st, Stallings of the 100th, Stephens of the 150th, Maddox of the 72nd, Ladd of the 59th and others: A bill to amend Code Section 43-18-92 of the Official Code of Georgia Anno tated, relating to definitions relative to contracts for preneed funeral services, so as to redefine preneed funeral service contract.
Referred to the Committee on Industry.
HB 1687. By Representatives Maddox of the 72nd, Ragas of the 64th and Teague of the 58th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to group life insurance policy requirements generally, so as to authorize the payment of group life insurance premiums wholly from the contributions of employees.
Referred to the Committee on Insurance.
HB 1688. By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to correct an error regarding the time for election of councilmembers representing Districts 1 and 4.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1689. By Representative Stallings of the 100th:
A bill to amend an Act providing for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for a homestead exemption for the full value of the homestead from ad valorem taxes for educational purposes for residents of the City of Carrollton who are 65 years of age or older and whose income does not exceed a specified amount.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 17, 1998

785

HB 1690. By Representative Stallings of the 100th:
A bill to amend an Act providing for homestead exemptions from Carroll County ad valorem taxes for county purposes and from Carroll County ad valorem taxes for educational purposes for certain residents of that county and that school district, so as to provide for a homestead exemption for the full value of the homestead from ad valorem taxes for educational purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1691. By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Bloomingdale, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1692. By Representative Stephens of the 150th:
A bill to authorize the mayor and council of Garden City to submit by refer endum to the electors of Garden City the question of adding restaurants ser ving alcoholic beverages for consumption on the premises to the permitted uses listed in the Garden City zoning ordinance and permitting such use in C-2 zoning districts within the city, subject to certain conditions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1693. By Representatives Hecht of the 97th, Martin of the 47th, Crawford of the 129th and Reichert of the 126th:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Anno tated, relating to wrongful death and persons entitled to bring an action, sur vival of an action, release of a wrongdoer, disposition of the recovery, exemption of the recovery from liability for the decedent's debts, and recov ery as to a child born out of wedlock, so as to provide that the share of a surviving spouse of the decedent in a wrongful death action is at least onethird of the amount recovered.
Referred to the Committee on Judiciary.

HB 1694. By Representatives Bradford of the 30th, Wiles of the 34th, Sauder of the 29th, Barnes of the 33rd, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1695. By Representative Bridges of the 9th:
A bill to amend an Act creating a Board of Commissioners for Habersham County, so as to change the number of commission districts from three dis tricts to five districts.
Referred to the Committee on State Planning & Community Affairs - Local.

786

JOURNAL OF THE HOUSE,

HB 1696. By Representative Shanahan of the 10th:
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 failure to execute a notice of lien shall be an amendable defect.
Referred to the Committee on Judiciary.

HB 1697. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Ashe of the 46th, Burkhalter of the 41st, McClinton of the 68th and others:
A bill to amend an Act known as the "City of Atlanta and Fulton County Recreation Authority Act," so as to provide for the maximum compensation for the authority's chief executive officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1698. By Representative Holmes of the 53rd:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to authorize a mutual agreement between the tax assessors for the board of tax assessors to receive tax returns or perform duties relating to applications for homestead exemptions from ad valorem taxes, or both.
Referred to the Committee on Ways & Means.

HB 1699. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the Board of Commissioners of Lowndes County, so as to change the provisions relating to regular meetings of the Board of Commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1700. By Representative Lewis of the 14th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1701. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to amend an Act reincorporating the City of Cartersville, so as to change provisions relating to the method of levying taxes for support of the Cartersville public schools; to change provisions relating to reimbursement of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1702.

By Representatives Walker of the 87th, Harbin of the 113th and Johnson of the 84th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 84 and 87.

TUESDAY, FEBRUARY 17, 1998

787

Feb. 17, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1702. This notice is made prior to or upon reading the bill the first time.
M Len Walker Representative 87th District
Referred to the Committee on Legislative & Congressional Reapportionment.

HR 1092. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd:
A resolution designating a certain portion of Interstate Highway 85 as the Pearl Harbor Memorial Highway.
Referred to the Committee on Transportation.
HR 1093. By Representatives Pelote of the 149th, Taylor of the 134th, Hugley of the 133rd, Mueller of the 152nd, Buckner of the 95th and others:
A resolution urging insurance companies to provide coverage for diagnostic studies for ovarian cancer.
Referred to the Committee on Insurance.

HR 1095. By Representatives Twiggs of the 8th, Lord of the 121st, Cummings of the 27th and Connell of the 115th: A resolution designating Roscoe Collins Drive in Union County.
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 1703. By Representatives Felton of the 43rd, Holmes of the 53rd, Trense of the 44th and Buck of the 135th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxa tion, so as to provide, in certain counties having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, that in negotiating the distribution certificate pursuant to the provisions of Code Section 48-8-89.1, the amount of proceeds of the local option sales tax received by certain new qualified municipalities....
Referred to the Committee on Ways & Means.

HB 1704. By Representatives Reichert of the 126th, Coleman of the 80th, Hudson of the 156th and Westmorland of the 104th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Anno tated, relating to operators of private detective businesses and private secu rity businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications; to increase the amount of a certain required bond; to provide for reciprocity with other states.
Referred to the Committee on Industry.

788

JOURNAL OF THE HOUSE,

HB 1705. By Representatives Smyre of the 136th, Porter of the 143rd, Taylor of the 134th, Purcell of the 147th and Ashe of the 46th:
A bill to amend Article 1 of Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to state public library activities, so as to autho rize funding of cooperative library projects between the Department of Tech nical and Adult Education and the Department of Archives and History.
Referred to the Committee on University System of Georgia.

HB 1706. By Representative Davis of the 48th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for disclo sure of adjustment rates for tires; to provide for definitions and notice to consumers that adjustment rates are available for inspection.
Referred to the Committee on Industry.

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

HB 1678 HB 1679 HB 1680 HB 1681 HB 1682

HB 1683 HB 1684 HR 1091 SB 569 SB 570

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1253 Do Pass, by Substitute HR 734 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 178th
Chairman

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 has instructed me to report the same back to the House with the follow ing recommendations:
HB 1372 Do Pass, by Substitute HB 1496 Do Pass
Respectfully submitted, /s/ Parrish of the 144th
Chairman

TUESDAY, FEBRUARY 17, 1998

789

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1532 Do Pass, by Substitute HB 1633 Do Pass
Respectfully submitted, /a/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1157 Do Pass, by Substitute HB 1623 Do Pass, by Substitute SB 436 Do Pass, by Substitute
Respectfully submitted, M 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1430 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1088 Do Pass, by Substitute

790

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Cummings of the 27th
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 1341 Do Pass, by Substitute HB 1375 Do Pass, by Substitute

HB 1493 Do Pass SB 411 Do Pass

Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1653 Do Pass HB 1658 Do Pass HB 1668 Do Pass

HB 1669 Do Pass HB 1671 Do Pass HB 1677 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 17, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:
HB 262 Counties; certain rock quarries; written consent required HB 674 Income tax; setoff debt; collection for political subdivisions HB 801 Rape and aggravated sodomy; victims under 12; penalties HB 1086 Osteoporosis; Bone Mass Measurement Coverage Act; enact HB 1160 Municipalities; utility services; auth execution of cert contracts HB 1183 Education; child in state custody; attorneys' fees HB 1195 Foresters; code of ethics; State Board authorize adoption HB 1240 Motor vehicle insurance; provide certain recovery; setoffs HB 1323 GA Indigent Defense Council; use of private funds; amend provisions HB 1324 Ad valorem tax; certain heavy-duty vehicles; provisions
HR 930 Veterans; post-traumatic stress disorder; benefits

TUESDAY, FEBRUARY 17, 1998

791

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1653.

By Representatives Smith of the 103rd, Westmorland of the 104th, Brown of the 130th and Yates of the 106th:
A bill to provide a homestead exemption from Coweta County School Dis trict 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 of more than $12,500.00 but less than $25,000.00 and who are 65 years of age or over or totally disabled.

The following amendment was read and adopted:

Representatives Smith of the 103rd, Brown of the 130th, Westmorland of the 104th and Yates of the 106th move to amend HB 1653 by inserting the word "in" between "not" and "lieu" on line 1 of page 3.

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

HB 1658.

By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.

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

HB 1668.

By Representative Whitaker of the 7th:
A bill to amend an Act entitled "An Act to create a board of commissioners of Gilmer County," so as to change the provisions relating to purchasing and competitive bids.

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

HB 1669.

By Representative Smith of the 102nd:
A bill to amend an Act to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions, so as to change the per diem compensation of members of the board of education.

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

792

JOURNAL OF THE HOUSE,

HB 1671. By Representatives Pinholster of the 15th, Stencil of the 16th and Scheid of the 17th:
A bill to provide a homestead exemption from certain Cherokee 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 1677.

By Representative Coleman of the 80th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

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

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

Y Alien
Y Andenon Aahe
Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield YBinbong Y Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
Buck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash YChannell Y Childere Y Clark
YCoan Y Coleman, B
Coleman, T Y ConneU Y Cooper E Crawford Y Crews

Y Culbreth Y Cummuigs
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G EDii YDiion
Dobbs Dukes YEhrhart YEpps Evans Y Everett Y Felton Floyd Y Franklin Y Golden Y Graves Greene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht Heckstall Y Hegstrom Henson Y Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Jackson Y James
Jamieson Jenkins Y Johnson Y Johnston Jones Y Joyce YKaye YLadd Lakly YLane YLee Y Lewis YLord Y Lucas Maddoi
YMann Y Manning Y Martin, J
Martin, J.L
YMaraey YMcBee
McCall E McClinton
McKinney Y Mills
Y Mobley YMosley Y Mueller Y O'Neal
Orrock YParham

YParrish Parsons Pelote
Perry
Y Pinholster
YPoag Polak Ponder Porter
Y Powell Purcell
Ragas Randall
Ray Reaves Y Reichert
YRice Richardson
Y Roberts Y Rogers
Royal Sanders Y Sauder Y Scarlett Scheid Y Scott Y Shanahan YShaw 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
Smyre YSneUing
Snow Y Stalling
Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTfflman Y Titus Y Tolbert YTrense
Turnquest Twiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Williams, J Williams, R Y Worthan YYates Murphy, Spkr

On the passage of the Bills, the ayes were 124, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Royal of the 164th 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.

TUESDAY, FEBRUARY 17, 1998

793

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

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

HB 1017. By Representative Hudgens of the 24th:
A bill to amend an Act establishing the board of commissioners of Madison County, so as to eliminate a provision relating to mandatory retirement of county employees.

HB 1559. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to change the compensation of the members of the Marion County Board of Education.

SB 186. By Senators Stokes of the 43rd, Henson of the 55th and Oliver of the 42nd:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair trade practices in the insurance industry, so as to prohibit discriminatory acts against victims of abuse; to define what consti tutes abuse and define other terms; to specify prohibited acts; to require con tinuation of coverage and conversion privileges under certain circumstances.

SB 485. By Senators Gillis of the 20th, Huggins of the 53rd, Bowen of the 13th and others:
A bill to amend Code Section 45-18-5 of the Official Code of Georgia Anno tated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.

SB 500. By Senators Streat of the 19th, Ragan of the llth, Middleton of the 50th and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to pro vide for the licensing of the retail sale of fresh or frozen seafood, meat, or poultry from a mobile vehicle; to provide for definitions; to provide for licenses and the issuance and revocation thereof.

SB 523. By Senators Taylor of the 12th, Bowen of the 13th, Scott of the 36th, Hill of the 4th, Kemp of the 3rd and others:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to prosecuting attorneys, so as to authorize the district attorney in each judicial circuit to appoint one assistant district attorney who shall prosecute as directed by the district attorney only cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act".

794

JOURNAL OF THE HOUSE,

SB 541. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in probate courts, so as to provide that probate courts shall have concurrent jurisdiction with superior courts over trust issues arising in probate court cases provided that no equitable issues or remedies are involved; to provide for related matters; to provide for an effective date and applicability.
SB 542. By Senators Guhl of the 45th, Roberts of the 30th, Balfour of the 9th and others:
A bill to amend Code Section 33-3-16 of the Official Code of Georgia Anno tated, relating to expiration of certificate of authority to transact insurance and procedure for renewal, so as to provide specifically that certain filings shall be public records of the Commissioner's office; to eliminate a require ment for insurers to publish annual financial statements in newspapers.
SB 544. By Senators Ragan of the llth, Streat of the 19th, Guhl of the 45th and oth ers:
A bill to amend Code Section 10-4-19 of the Official Code of Georgia Anno tated, relating to state licensed and bonded warehouses, required warehouse receipts, and use of electronic warehouse receipts, so as to change the provi sions relating to electronic warehouse receipt providers.
SB 572. By Senators Madden of the 47th, Perdue of the 18th, Boshears of the 6th and Scott of the 36th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for legislative findings and intent; to define certain terms; to require revision of the plan for implementing a state-wide emergency telephone number "911" system.
SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and Price of the 28th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.
SB 594. By Senators Middleton of the 50th, Perdue of the 18th, Walker of the 22nd and Hill of the 4th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for legislative findings and intent; to create a new article to be known as the "Essential Rural Health Care Pro vider Access Act"; to provide for definitions.
SB 595. By Senators Oliver of the 42nd, Starr of the 44th, Roberts of the 30th and others:
A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Anno tated, relating to domestic stock and mutual insurers, so as to change certain provisions relating to applicability of said chapter; to define certain terms; to provide for reorganization of mutual insurers and formation of mutual insur ance holding companies; to provide for mergers of mutual insurers or other entities with mutual insurance holding companies; to provide for approval of reorganization plans or merger plans by policyholders.

TUESDAY, FEBRUARY 17, 1998

795

HB 1419.

By Representatives Walker of the 141st, Lee of the 94th, Reichert of the 126th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, by repealing Part 1, relating to the Georgia Sports Hall of Fame, in its entirety; to amend Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, so as to change the provisions relating to the membership of the authority and terms of office of members.

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

HR 1075. By Representatives Mills of the 21st, Crews of the 78th, Mann of the 5th and others:
A resolution recognizing efforts to commemorate the Great Jubilee Year of 2000 and celebrate the 2000th Anniversary of the Birth of Jesus Christ.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 1189. By Representatives Walker of the 141st, Skipper of the 137th, Royal of the 164th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxa tion of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide resi dential transitional property.

The Senate has agreed to the House amendments to the following bill of the Senate:

SB 564. By Senator Brush of the 24th:
A bill to provide a new charter for the City of Grovetown; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.

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

SB 186. By Senators Stokes of the 43rd, Henson of the 55th and Oliver of the 42nd:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair trade practices in the insurance industry, so as to prohibit discriminatory acts against victims of abuse; to define what consti tutes abuse and define other terms; to specify prohibited acts; to require con tinuation of coverage and conversion privileges under certain circumstances.
Referred to the Committee on Insurance.

796

JOURNAL OF THE HOUSE,

SB 485. By Senators Gillis of the 20th, Huggins of the 53rd, Bowen of the 13th and others:
A bill to amend Code Section 45-18-5 of the Official Code of Georgia Anno tated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date.
Referred to the Committee on Health & Ecology.
SB 500. By Senators Streat of the 19th, Ragan of the llth, Middleton of the 50th and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to pro vide for the licensing of the retail sale of fresh or frozen seafood, meat, or poultry from a mobile vehicle; to provide for definitions; to provide for licenses and the issuance and revocation thereof.
Referred to the Committee on Health & Ecology.
SB 523. By Senators Taylor of the 12th, Bowen of the 13th, Scott of the 36th and others:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to prosecuting attorneys, so as to authorize the district attorney in each judicial circuit to appoint one assistant district attorney who shall prosecute as directed by the district attorney only cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act".
Referred to the Committee on Judiciary.
SB 541. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in probate courts, so as to provide that probate courts shall have concurrent jurisdiction with superior courts over trust issues arising in probate court cases provided that no equitable issues or remedies are involved; to provide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Judiciary.

SB 542. By Senators Guhl of the 45th, Roberts of the 30th, Balfour of the 9th and others:
A bill to amend Code Section 33-3-16 of the Official Code of Georgia Anno tated, relating to expiration of certificate of authority to transact insurance and procedure for renewal, so as to provide specifically that certain filings shall be public records of the Commissioner's office; to eliminate a require ment for insurers to publish annual financial statements in newspapers.
Referred to the Committee on Insurance.
SB 544. By Senators Ragan of the llth, Streat of the 19th, Guhl of the 45th and oth ers:
A bill to amend Code Section 10-4-19 of the Official Code of Georgia Anno tated, relating to state licensed and bonded warehouses, required warehouse receipts, and use of electronic warehouse receipts, so as to change the provi sions relating to electronic warehouse receipt providers.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 17, 1998

797

SB 572. By Senators Madden of the 47th, Perdue of the 18th, Boshears of the 6th and others:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for legislative findings and intent; to define certain terms; to require revision of the plan for implementing a state-wide emergency telephone number "911" system.
Referred to the Committee on Industry.

SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and oth ers:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.
Referred to the Committee on State Planning & Community Affairs.

SB 594. By Senators Middleton of the 50th, Perdue of the 18th, Walker of the 22nd and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for legislative findings and intent; to create a new article to be known as the "Essential Rural Health Care Pro vider Access Act"; to provide for definitions.
Referred to the Committee on Insurance.

SB 595. By Senators Oliver of the 42nd, Starr of the 44th, Roberts of the 30th and others:
A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Anno tated, relating to domestic stock and mutual insurers, so as to change certain provisions relating to applicability of said chapter; to define certain terms; to provide for reorganization of mutual insurers and formation of mutual insur ance holding companies; to provide for mergers of mutual insurers or other entities with mutual insurance holding companies; to provide for approval of reorganization plans or merger plans by policyholders.
Referred to the Committee on Insurance.

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

HB 1140.

By Representatives Smith of the 109th, Howard of the 118th, Orrock of the 56th, Bordeaux of the 151st, Alien of the 117th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the provi sions relating to rate of employer contributions; to provide that each new or newly covered employer which has implemented a certain drug-free workplace program shall pay contributions at a rate of 0.2 percent lower than certain other rates specified.

The following Committee substitute was read and adopted:

798

JOURNAL OF THE HOUSE,

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 withdrawals from the Unemployment Trust Fund for expenditures under said chapter; to provide that cer tain moneys credited with respect to federal fiscal years 1999, 2000, and 2001 shall be used solely for the administration of the unemployment insurance program in Georgia and are not subject to appropriations by the General Assembly; to change the provisions relating to rate of employer contributions; to provide that each new or newly covered employer which has implemented a certain drug-free workplace program shall pay contributions at a rate of 0.2 percent lower than certain other rates specified; to change the provisions relating to the State-wide Reserve Ratio; to provide that, subject to certain limitations and exceptions, for any employer which has implemented a drug-free workplace program certi fied by the State Board of Workers' Compensation as complying with Code Section 33-9-40.2, the tax rate computed pursuant to this Code section shall be reduced by 0.2 per cent; to change the provisions relating to determination of the weekly benefit amount of an individual's claim; to provide that each state or local child support enforcement agency shall reimburse the Department of Labor for the administrative costs incurred by such department which are attributable to such child support obligations being enforced by the state or local child support enforcement agency; to change certain references to federal law, to provide for specific repeal of certain provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employ ment Security Law," is amended by striking in its entirety paragraph (5) of Code Section 34-8-85, relating to withdrawals from the Unemployment Trust Fund for expenditures under said chapter, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5)Appropriations to Department of Labor. There is authorized to be appropriated by the General Assembly to the Department of Labor any part of or all moneys cred ited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, and as provided in this Code section- provided, however, that notwithstanding any other provisions of this Code section to the contrary, moneys credited with respect to federal fiscal years 1999. 2000, and 2001 shall be used solely for the administration of the unemployment insurance program in Georgia and are not subject to appropriations by. the General Assembly."
SECTION 2. Said chapter is further amended by adding at the end of Code Section 34-8-151, relating to rate of employer contributions, a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of this Code section, each new or newly cov ered employer which has implemented a drug-free workplace program certified by the State Board of Workers' Compensation as complying with Code Section 33-9-40.2 shall pay contributions at a rate of 0.2 percent lower than the rate specified in subsection (a) or (b) of this Code section."
SECTION 3. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (d) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the following:
"(2) For the period on or after January 1, 1998, but prior to January 1,1999: (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:

TUESDAY, FEBRUARY 17, 1998

799

Equals or Exceeds

But Is Less Than

Overall Reduction

2.4 percent 2.7 percent and over

2.7 percent

25 percent 50 percent

(B) When the State-wide Reserve Ratio, as calculated above, is less than 2.1 per cent, 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

(3) For the period on or after January lj 1999: (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

25 percent 50 percent

(B) When the State-wide Reserve Ratio, as calculated above, is less than 2.0 per cent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:

If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

2.0 percent

25 percent 50 percent"

SECTION 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new sub
section (e) to read as follows: "(e)ij) For any calendar year prior to January lj 1999, 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 further reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: 4t}(A) The dollar amount by which the Unemployment Trust Fund exceeds the dol lar 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; 43)(B) The resulting percentage shall be used to reduce all experience rated contri bution rates by that same percentage; provided, however, that the resulting reduc tion shall not reduce contribution rates below the level which will produce a

800

JOURNAL OF THE HOUSE,

contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduc tion in contribution rates shall be valid for the succeeding calendar year only; and {8MC) Accounts which are not eligible for a computed contribution rate as provided in Code Section 34-8-152 shall not receive the reduction in rates. (2) For any calendar year on and after January lj 1999, with respect to which the State-wide Reserve Ratio shall equal or exceed 2.0 percent, as computed pursuant to the provisions of this Code section, contribution rates shall be further reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: (A) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.0 percent shall be divided by the total of contributions collected attributable to wages paid during the preced ing calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28; (B) The resulting percentage shall be used to reduce all experience rated contribu tion 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 contri bution rates shall be valid for the succeeding calendar year only; and (C) Accounts which are not eligible for a computed contribution rate as provided in Code Section 34-8-152 shall not receive the reduction in rates."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the follow ing:
"(f) For any employer which has implemented a drug-free workplace program certified by the State Board of Workers' Compensation as complying with Code Section 33-9-40.2, the tax rate computed pursuant to this Code section shall be reduced by 0.2 percent; provided, however, that the final resulting tax rate of any employer shall not be less than 0.01 percent and that such reduction shall not be granted to any employer who is subject to the maximum rate allowable after application of the State-wide Reserve Ratio pursuant to the other provisions of this Code section; provided, further, that any employer that has failed to file all required tax and wage reports as described m subsection (b) of Code Section 34-8-155 shall not be entitled to the reduction of rates otherwise provided in this subsection. This subsection shall be repealed in its entirety on December 31, 2002. {f)(gl 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 6. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-193, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
\(1if\ V f Unrf dntlfnXirXeDm9 f1j111nC<U4 Cr>Hn1 nOnr enOfCt-TnCiT- UTU nlnljr X1 ^ 1*H*JQOOOj VL7nUiLt
weekly benefit ftmmmt ahati et eaeeed $126.00;
weekly benefit amount ahati net exeeed $136.00;
\/O Q/\ 1F7U^F In*Jl.nHIl-1n1n1n9 J1T!I1C.UJ \--JU-- O^T-r t^tr.JtUj.^ST_ UTU..l1j.r. X1 ? -"LLJOUOUPj 1U..U.At lL^JfC^I--UI^C. UTU..1iy.. X1 f 1i.tOsP\j'7i t tvV*\.mr,
weefefaf beaefit tunmurt ahaH net eaeeed $146.00;
/^Afj\--1F?o^r v^i.1t-t,i:i_R~^o friilincful /u\ri>i ortmr o-~i-vP*c--r uTmulwy t7 1JQ.vQo 7i f Uw.-n4-. Kucnifunrrtr; uTuuilyir 11 7
weekly benefit amount ahttH net exceed $166.00!
/C\ 17^.-- nl n i i n Jil->-3 ~-- *** -- JJ-^-- T..1.. J 1 (\OO 1>..4\Vf 1 Ul CTOTHJO 111CU \Jll CTT CUtCr U\Llj Ty i.^UUv UUL
weekly benefit amount shaH net eseeed $166.00;

TUESDAY, FEBRUARY 17, 1998

801

weekly benefit agaetart ahaB aet eaceeeet $176.00; f?)l) 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}(2) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; WM For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; {MH4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maxi mum weekly benefit amount shall not exceed $215.00; and {H}(5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maxi mum weekly benefit amount shall not exceed $224.00:; and (6) For claims filed on or after July 1^ 1998. the maximum weekly benefit amount shall not exceed $244.00."
SECTION 7. Said chapter is further amended by striking in its entirety Code Section 34-8-198, relating to payment of child support obligation from benefits, and inserting in lieu thereof a new Code Section 34-8-198 to read as follows:
"34-8-198.
(a) Each claimant shall disclose to the department whether or not such claimant owes child support obligations which are being enforced pursuant to a plan described in Sec tion 454 of the federal Social Security Act. (b) The department shall notify the state or local child support enforcement agency that such individual owes child support obligations and is eligible for unemployment compen sation. (c) The department shall cause to be deducted and withheld from any unemployment compensation otherwise payable to such claimant:
(1) The amount specified by the claimant to be deducted and withheld if neither par agraph (2) nor (3) of this subsection is applicable; (2) The amount determined pursuant to an agreement submitted to the department by the state or local child support enforcement agency under Section 454(20)(B)(i) of the federal Social Security Act, 42 U.S.C. Section 654; or (3) Any amount otherwise required to be so deducted and withheld from such unem ployment compensation which has been determined through legal process as that term is defined in Section 462(e) 459 of the federal Social Security Actz 42 U.S.C. Section 659. (d) Any amount so deducted and withheld pursuant to paragraph (1), (2), or (3) of sub section (c) of this Code section shall be paid to the appropriate state or local child sup port enforcement agency. (e) Any amount deducted and withheld pursuant to this Code section shall for all pur poses be treated as if it were paid to the claimant as unemployment compensation and then paid by such claimant to the state or local child support enforcement agency in satisfaction of the claimant's child support obligations. (f) Each state or local child support enforcement agency shall reimburse the department for the administrative costs incurred by the department which are attributable to such child support obligations being enforced by. the state or local child support enforcement agency."
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 sub stitute, was agreed to.

802

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot
Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon
Bordeaux Y Bradford Y Breedlove
Bridges Y Brooks Y Brown YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash YChannell YChilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper E Crawfbrd Y Crews

Y Culbreth Y Cummings
Davis, G Y Davis, M YDay YDeLoach,B Y DeLoach, G EDiz YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden
Y Graves YGreene Y Grindley Y Hammontree
Hanner Y Harbin Y Heard YHecht
Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson
Jenkim Johnson Y Johnston
Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Y Maddoz
Mann
Manning
Y Martin, J Y Martin, J.L
YMassey YMcBee
McCall E McClinton
McKinney YMills Y Mobley YMoeley Y Mueller YO'Neal YOnock YParham

YParrish Y Parsons
Pelote Perry YPinholster YPoag Polak Y Ponder Y Porter YPowell YPurceU
YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett
Scheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims
Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P E Smith, T
Y Smith, V YSmyre YSnelling
Snow YStallings Y Stancil, F Y Stancil,S
Stanley, L Stanley,? Y Stephens Y Taylor
YTeague YTeper
Thomas YTillman Y Titus Y Tolbert YTrense Y Turaquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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

Representatives Mann of the 5th, Jenkins of the 110th 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 1200. By Representatives McBee of the 88th, Martin of the 47th and Hudgens of the 24th:
A bill to amend Code Section 15-10-137 of the Official Code of Georgia Annotated, relating to training requirements for magistrates, so as to change the provisions relating to training and certification of magistrates.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-10-137 of the Official Code of Georgia Annotated, relating to training requirements for magistrates, so as to change the provisions relating to training and certification of magistrates; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 17, 1998

803

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-10-137 of the Official Code of Georgia Annotated, relating to training requirements for magistrates, is amended by striking subsections (b), (c), and (d) of said Code section and inserting in their place the following:
"(b) Any Except as provided subsection {a) ef this Code section, any person who becomes a magistrate e er after between July 1, 1983, and June 30,1998, shall satisfac torily complete 40 hours of training in the performance of his or her duties and shall attend the first scheduled training session held after the date of his or her election or appointment in order to become certified under this article. In order to become certified under this article, any person who becomes a magistrate on or after July 1, 1998, shall satisfactorily complete 80 hours of training specified by the council concerning the per formance of his or her duties during the first two years after becoming a magistrate. (b.l) Any person who becomes a magistrate on or after July 1^ 1998, shall complete dur ing the initial year of service as a magistrate a program of orientation activities estab lished by the council and conducted under the guidance and supervision of an experienced adviser or mentor magistrate or judge. (c) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as a magis trate judge. (d) Notwithstanding any other provision of this article, any magistrate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by subsection (b) of this Code section but shall thereafter be required to attend complete the mentor program of subsection (b.l) of this Code section and the annual training required by subsection (c) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Alien YAnderaon
Ashe Y Bailey
Bannister YBarfoot
Barnard YBarnes
Y Bates Y Benefield
YBirdsong YBohannon Y Bordeaux
Y Bradford Y Breedlove
Bridges Y Brooks Y Brown
YBuck Buckner
YBunn Y Burkhalter YByrd Y Campbell
Canty YCash YChannell

Y Childers Y Clark YCoan
Y Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford
Y Crews Y Culbreth Y Cummings
DaTM, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G EDii YDixon
YDobbs Y Dukes YEhrhart
Epps Y Evans YEverett Y Felton YFloyd Y Franklin

Y Golden Y Graves Y Greene Y Grindley
Y Hammontree Y Manner Y Harbin Y Heard
YHecht Heckstall
YHegstrom YHenson Y Holland
Y Holmes Y Houston 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
McCall E McClinton
McKinney YMills Y Mobley YMoeley Y Mueller YO-Neal YOrrock YParham

Parrish Y Parsons
Pelote Perry Y Pinholster Poag YPolak Y Ponder Y Porter YPowell YPurcell
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

804

JOURNAL OF THE HOUSE,

YSbaw YSherrill YShipp YSims
Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P B Smith, T
Y Smith, V YSmjne YSnelling
Snow YStallings Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTiUman

Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest

Y Westmorland YWhitaker Y Wiles YWiUiams, B
Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 1470.

By Representatives Benefield of the 96th, Murphy of the 18th and Birdsong of the 123rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to duties of a county with respect to its county road system; to change cer tain provisions relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets.

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 YAndenon
YAshe Y Bailey
Bannister YBarfoot
Barnard YBaraes Y Bates Y Benefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove
Bridges Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash YChannell
Y Childers Y Clark YCoan Y Coleman, B
Coleman, T YConnell
Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununincs
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G EDix YDixon 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 Heckstall Hegstrom Henson
Y Holland Y Holmes Y Houston 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
M finning Y Martin, J Y Martin, J.L YMassey YMcBee
McCaU E McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons
Pelote 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
Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims
Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P E Smith, T Y Smith, V
YSmyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, RL Y Watson YWest Y Westmorland Y Whitaker Y Wiles YWiUiams, B
Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spkr

TUESDAY, FEBRUARY 17, 1998

805

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1178. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file a return or pay reve nue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to provide for an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to provide for the disposi tion of certain penalties and interest; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, is amended by adding a new paragraph at the end of subsection (b), to be designated paragraph (3), to read as follows:
"(3) With respect to all penalties and interest received by the tax commissioner on or after July 1, 1998, unless otherwise specifically provided for by general law, the tax commissioner shall distribute penalties collected and interest collected or earned as follows:
(A) Penalties collected for failure to return property for ad valorem taxation or for failure to pay ad valorem taxes and interest earned by the tax commissioner on taxes collected but not yet disbursed shall be paid into the county treasury in the same manner and at the same time the tax is collected and distributed to the county, and they shall remain the property of the county; and (B) Interest collected on delinquent ad valorem taxes shall be distributed pro rata based on each taxing jurisdiction's share of the total tax on which the interest was computed."
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 report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard

Banes Y Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bunn

Y Burkhalter Y Byrd Y Campbell
Canty Y Cash Y Channel! Y Childers

Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford

806

JOURNAL OF THE HOUSE,

Y Crews YCulbreth Y Cunnings YDavis, G YDavis, M
YDay YDeLoach, B YDeLoach, G EDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden
Y Graves YGraene YGrindley Y Hammontree YHanner Y Harbin Y Heard YHecht
HeckstaU

YHegstrom Henson
YHoUand Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly
YLane YLee Y Lewis YLord Y Lucas YMaddoi YMann

Manning Y Martin, J
Martin, J.L YMassey YMcBee
McCall E McClinton YMcKinney Y Mills Y Mobley YMosley YMueller YO'Neal YOrrock YParham YPairish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurceU YRagas YRandaU YRay

Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers YRoyal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanaban YShaw YSherriU 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 YSnelling YSnow

YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper N Thomas YTiUman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles
Williams, B
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 substi tute.

HB 1185.

By Representatives Birdsong of the 123rd, Porter of the 143rd, Walker of the 141st, Skipper of the 137th and Connell of the 115th:
A bill to amend Code Section 20-2-302 of the Official Code of Georgia Anno tated, relating to funds for operation of schools for deaf and blind persons, so as to provide that employees of the state schools for the deaf and blind governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program the same as school teachers in the local public school systems of this state.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 20-2-302 of the Official Code of Georgia Annotated, relating to funds for operation of schools for deaf and blind persons, so as to provide that employees of the state schools for the deaf and blind governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program the same as school teachers in the local public school systems of this state; to provide that such employees of the state schools for the deaf and blind may obtain a continuous leave of absence for a period not to exceed 12 months when an exchange teacher through the J. William Fulbright Educational Exchange Program will occupy such employee's position during such leave of absence and the state is not liable for any compensation or the provi sion of other benefits to such exchange teacher while performing the duties of the state employee; to provide that the State Board of Education shall promulgate any rules and regulations necessary and execute any required contracts to enable the State Department of Education to participate in the J. William Fulbright Educational Exchange Program, to assure a state employee's right to return to his or her previous position at the expiration of the leave of absence during participation in such program, and to protect the state from any liabilities with respect to the performance of any duties or functions for the state by

TUESDAY, FEBRUARY 17, 1998

807

an exchange teacher; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-302 of the Official Code of Georgia Annotated, relating to funds for operation of schools for deaf and blind persons, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Employees of the state schools for the deaf and blind governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program managed and coordinated through the Bureau of Educational and Cultural Affairs pursuant to 22 U.S.C. 2460 the same as school teachers in the local pub lic school systems of this state. Such employees of the state schools for the deaf and blind may obtain a continuous leave of absence for a period not to exceed 12 months when an exchange teacher through the J. William Fulbright Educational Exchange Pro gram will occupy such employee's position during such leave of absence and the state is not liable for any compensation or the provision of other benefits to such exchange teacher while performing the duties of the state employee. The State Board of Educa tion shall promulgate any rules and regulations necessary and execute any required con tracts to enable the State Department of Education to participate in the J. William Fulbright Educational Exchange Program, to assure a state employee's right to return to his or her previous position at the expiration of the leave of absence during participa tion in such program, and to protect the state from any liabilities with respect to the performance of any duties or functions for the state by an exchange teacher."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Birdsong of the 123rd, Porter of the 143rd and Coleman of the 80th was read and adopted:

A BILL
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs under the "Quality Basic Education Act," so as to provide that employees of the Department of Education governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program the same as school teachers in the local public school sys tems of this state; to provide that such employees of the Department of Education may obtain a continuous leave of absence with pay for a period not to exceed 12 months when an exchange teacher through the J. William Fulbright Educational Exchange Program will occupy such employee's position during such leave of absence and the state is not liable for any compensation or the provision of other benefits to such exchange teacher while performing the duties of the state employee; to provide that the State Board of Education shall promulgate any rules and regulations necessary and execute any required contracts to enable the State Department of Education to participate in the J. William Fulbright Educational Exchange Program, to assure a state employee's right to return to his or her previous position at the expiration of the leave of absence during participation in such program, and to protect the state from any liabilities with respect to the performance of any duties or functions for the state by an exchange teacher; to provide an effective date; to repeal conflicting laws; and for other purposes.

808

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 the Official Code of Georgia Annotated, relat ing to certain educational programs under the "Quality Basic Education Act," is amended by adding following Code Section 20-2-312 a new Code Section 20-2-313 to read as follows:
"20-2-313.
Employees of Department of Education governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program managed and coordinated through the Bureau of Educational and Cultural Affairs pur suant to 22 U.S.C. 2460 the same as school teachers in the local public school systems of this state. Such employees of the Department of Education may obtain a continuous leave of absence with pay for a period not to exceed 12 months when an exchange teacher through the J. William Fulbright Educational Exchange Program will occupy such employee's position during such leave of absence and the state is not liable for any compensation or the provision of other benefits to such exchange teacher while perform ing the duties of the state employee. The State Board of Education shall promulgate any rules and regulations necessary and execute any required contracts to enable the State Department of Education to participate in the J. William Fulbright Educational Exchange Program, to assure a state employee's right to return to his or her previous position at the expiration of the leave of absence during participation in such program, and to protect the state from any liabilities with respect to the performance of any duties or functions for the state by an exchange teacher."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn YBurkhalter YByrd Y Campbell Y Canty YCash Y Channel!
Childers

Y Clark Y Coan YColeman, B
Coleman, T Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M N Day Y DeLoach, B Y DeLoach, G E Dii Y Diion Y Dobbe 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 Manner Y Harbin Y Heard Y Hecht
Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston 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
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
Martin, J.L Y Massey Y McBee Y McCall E 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 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
Sinkfield

TUESDAY, FEBRUARY 17, 1998

809

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 Smelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephens Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Tolbert

Y Trense Turnquest
Y Twiggs Y Walker, L Y Walker, RL Y Watson Y West Y Westmorland

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 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HB 1529.

By Representative Teper of the 61st:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia Anno tated, relating to the proportion of votes cast required for nomination or election to public office, so as to delete provisions requiring a majority vote for election to certain state-wide elected offices; to thereby provide for the election of such officers by plurality vote in the same manner as other public officers.

The following amendment was read:

Representatives Westmoreland of the 104th and Williams of the 83rd move to amend HB 1529 by striking line 15 of page 1 and inserting in lieu thereof the following:
"striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as".
By striking line 22 of page 1 and inserting in lieu thereof the following:
"of Labor, sueh all public officers shall be elected by".
And by amending the title accordingly.

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

N Alien N Andersen YAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes Y Bates NBenefield NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn YBurkhalter

N Byrd Y Campbell N Canty Y Cash N Channel! NChilders Y Clark Y Coan 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 E Dii

N Dixon N Dobbs N Dukes Y Ehrhart N Epps Y Evans N 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 N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Johnston N Jones Y Joyce Y Kaye Y Ladd Y Lakly N Lane N Lee

Y Lewis N Lord N Lucas N Maddoi Y Mann Y Manning N Martin, J E Martin, J.L Y Massey N McBee N McCall E McClinton N McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal
Orrock N Parham N Fairish Y Parsons

810

JOURNAL OF THE HOUSE,

NPelote N Perry YPinholster N Pong
Polak Y Ponder N Porter NPowell N PurceU NRagas NRandall
Ray N Reaves N Reichert

YRice Y Richardson N Roberta N Rogers N Royal Y Sanders Y Sauder YScarlett Y Scheid Y Scott N Shanahan NShaw N SherriU 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 Y Stephens N Taylor
Teague N Teper N Thomas N TiUman Y Titus Y Tolbert Y Trense N Turnquest

N Twiggs N Walker, L Y Walker, RL N Watson N West Y Westmorland N 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 75, nays 97. The amendment was lost.

The following amendment was read:

Representatives Williams of the 63rd and Brooks of the 54th move to amend HB 1529 by striking lines 5 through 7 on page 1 and inserting in lieu thereof the following:
"to certain state-wide elected offices; to provide for nomination by plurality vote for cer tain public officers; to provide an".
By striking lines 15 through 24 of page and inserting in lieu thereof the following:
"striking subsections (a) and (d) and inserting in their respective places new subsections to read as follows:
'(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 plurality of the votes cast to fill such nom ination or public office. In instances where no candidate receives a majority plurality 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, pro vided 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 mili tia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the 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 eligi ble 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 continua tion 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.'
'(d) Until and tmtees Article V; Section H? Paragraph VIII(b) of the Constitution is 8 fts to provide tor pmrfliity election of UIG occfcwupy r outcc* Attorney ocn
l; State Seheei Superintendent, Commiaaiener- ef Insurance, Commisaieacf ef- Agricul and Commissioner ef- Labor, sweft officers shatt continue to- be elected- by majority

TUESDAY, FEBRUARY 17,1998

811

vete as provided fey the Jaw effect pnef to Jkriy 4-, 1004. As used in this Code section, the term plurality shall have the meaning specified in Code Section 21-2-2. Any other
provision of this chapter which prior to July lj 1998, required a majority vote for nomi nation or election shall on and after July I 1998, be deemed to require a plurality vote for nomination or election as the case may be. This subsection shall apply in particular, without limiting the generality of the foregoing, to the provisions of Code Sections 21-2-134 and 21-2-284.1 relating to nonpartisan primaries and elections.'"

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

N Alien Y Andersen
YAshe N Bailey Y Bannister YBarfoot Y Barnard NBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck N Buckner
YBunn Y Burkhalter NByrd
Y Campbell N Canty YCash NChanneU N Guilders 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 EDix NDixon NDobbs Y Dukes YEhrhart NEpps Y Evans NEverett Y Felton N Floyd 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 Y Holmes N Houston N Howard YHudgens 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 Y Lewis NLord N Lucas NMaddoi YMann Y Manning
N Martin, J E Martin, J.L YMassey NMcBee YMcCall E McClinton Y McKinney Y Mills
Y Mobley NMosley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons
Pelote N Perry Y Pinholster NPoag NPolak
Y Ponder N Porter NPowell NPurcell NRagas NRandall
NRay N Reaves YReichert YRice N Richardson Y Roberts NRogen N Royal
Y Sanders Y Sauder Y Scarlett YScheid Y Scott
N Shanahan NShaw NSherrill
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 YSneUing NSnow NStallings N StancU, F Y Stancil,S N Stanley, L
N Stanley, P Y Stephens N Taylor YTeague NTeper N Thomas NTfflman Y Titus Y Tolbert YTrense
NTurnquest NTwiggs N Walker, L N Walker, RL N Watson NWest Y Westmoreland NWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, K Y Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 84, nays 91. The amendment was lost.

Representative Irvin of the 45th moved that the House reconsider its action in failing to adopt the Williams amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien Y Andergon YAshe
N Bailey Y Bannister NBarfoot Y Barnard NBames Y Bates N Benefield NBirdsong
Y Bohannon

N Bordeaux Y Bradford Y Breedlove Y Bridges
Y Brooks Y Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell

Canty YCash NChanneU 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 EDix NDixon
NDobbs N Dukes YEhrhart

NEpps Y Evans YEverett Y Felton N Floyd Y Franklin
N Golden Y Graves NGreene Y Grindley Y Hammontree NHanner

812

JOURNAL OF THE HOUSE,

Y Harbin
N Heard NHecht NHeckstall N Hegstrom YHenson N Holland Y Holmes N Houston N Howard YHudgens N Hudson, H N Hudson, N NHugley Ylrvin Y Jackson N James N Jamieson N Jenkins Y Johnson Y Jobnston N Jones Y Joyce YKaye

YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddoi YMann Y Manning N Martin, J E Martin, J.L YMassey NMcBee NMcCall E McClinton Y McKinney Y Mills
Mobley NMosley Y MueUer NO'Neal NOrrock N Parbam

N Parrish Y Parsons Y Pelote N Perry
Y Pinholster NPoag NPolak
Y Ponder N Porter NPowell N Purcell NRagas NRandall NRay N Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett

On the motion, the ayes were 87, nays 87. The motion was lost.

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 YSnelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P

Y Stephens N Taylor YTeague NTeper N Thomas YTUlman Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland NWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

The following amendment was read:

Representative Williams of the 83rd moves to amend HB 1529 by striking line 8 of page 1 and inserting in lieu thereof the following:

"effective date and for automatic repeal; to provide for submission of this Act to the electors for ratification or rejection; to repeal conflicting laws; and for other".

By striking lines 26 through 28 on page 1 and inserting in lieu thereof the following:

"The above proposed amendment to the laws of this state shall be published and and sub mitted to the people in the same manner as provided for constitutional amendments in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment to the laws of this state shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall that Act be approved which provides that the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor may be elected by plurality vote rather than majority vote?'

All persons desiring to vote in favor of ratifying the proposed amendment to the laws of this state shall vote 'Yes.' All persons desiring to vote against ratifying the proposed amendment to the laws of this state shall vote 'No.'

If such amendment to the laws of this state shall be ratified in the same manner as pro vided for constitutional amendments in said Paragraph of the Constitution, it shall become a part of the laws of this state. If such amendment to the laws of this state is not so rati fied, this Act shall stand automatically repealed on January 1, 1999.

SECTION 3. Subject to the provisions of 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."

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

TUESDAY, FEBRUARY 17, 1998

813

N Alien N Anderson Y Ashe N Bailey 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
Canty YCash
N Channell N Childers Y Clark YCoan Y Coleman, B N Coleman, T NConnell Y Cooper Y Cravrford Y Crews

Y Culbreth N Cummings N Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G EDix NDiion NDobbs N Dukes YEhrhart NEpps Y Evans YEverett Y Felton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht N Heckstall NHegstrom NHenson N Holland N Holmes N Houston 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 Y Lewis NLord N Lucas N Maddox YMann Y Manning N Martin, J E Martin, J.L YMassey NMcBee NMcCall E McClinton N McKinney Y Mills Y Mobley N Mosley Y MueUer N O'Neal NOrrock NParham

NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak
Y Ponder N Porter N Powell NPurcell NRagas NRandall
NRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers N Royal
Y Sanders Y Sauder Y Scarlett YScheid Y Scott N Shanahan NShaw
N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 76, nays 99. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow
NStaUings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L
Y Walker, R.L N Watson NWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

The following amendment was read:

Representative Brown of the 130th moves to amend HB 1529 by striking line 7 on page 1 and inserting in lieu thereof the following:
"same manner as other public officers; to provide for a definition; to provide an".
By striking line 24 on page 1 and inserting in lieu thereof the following:
"July 1, 1994.',
and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) As used in this Code section, "plurality" means the receiving by one candidate alone of not less than 50 percent plus one of the number of votes cast in such election for such office.'"

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

N Alien N Anderson YAshe
N Bailey Y Bflnnister
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 Y Bunn
Y Burkhalter NByrd Y Campbell
Canty 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 EDii NDiion

814

JOURNAL OF THE HOUSE,

NDobbo 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 Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley
Ylrvin Y Jackson N James N Jamieson N Jenkins
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 E Martin, J.L
YMassey NMcBee NMcCall

E McClinton N McKinney Y Mills N Mobley NMosley Y Mueller N O'Neal NOrrock NParham NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak Y Ponder N Porter N Powell NPurcell
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
NSnow NStalUngs N Stancil, F

On the adoption of the amendment, the ayes were 73, nays 101. The amendment was lost.

Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus N Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland N Whitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

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 NAshe Y Bailey N Bannister YBarfoot N Barnard YBarnes N Bates Y Benefield YBirdsong N Bohannon Y Bordeaux N Bradford N Breedlove N Bridges Y Brooks N Brown
YBuck Y Buckner
NBunn N Burkhalter
YByrd N Campbell
Canty 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
EDix YDixon YDobbs 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 YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston 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 N Lewis
YLord Y Lucas Y Maddox NMann N Manning
Y Martin, J E Martin, J.L NMassey YMcBee YMcCall E 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 N 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 N Shipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 100, nays 75.

N Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas YTillman N Titus N Tolbert NTrense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmoreland Y Whitaker N Wiles N Williams, B N Williams, J Y Williams, R N Worthan N Yates
Murphy, Spkr

TUESDAY, FEBRUARY 17, 1998

815

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

The Speaker announced the House in recess until 2:30 o'clock this afternoon.

816

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

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

HB 1692.

By Representative Stephens of the 150th:
A bill to authorize the mayor and council of Garden City to submit by refer endum to the electors of Garden City the question of adding restaurants ser ving alcoholic beverages for consumption on the premises to the permitted uses listed in the Garden City zoning ordinance and permitting such use in C-2 zoning districts within the city, subject to certain conditions.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1090 Do Pass HR 1096 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 1090. By Representatives Reichert of the 126th, Lucas of the 124th, Randall of the 127th, Graves of the 125th and Ray of the 128th:
A resolution commending the mayor and council of the City of Macon, the members of the Board of Commissioners of Bibb County, the Keep MaconBibb Beautiful Commission, and the Cherry Blossom Festival Board with respect to the annual Cherry Blossom Festival.

HR 1096. By Representative Orrock of the 56th:
A resolution commending William Cope Moyers and inviting him to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 1103. By Representative Byrd of the 170th: A resolution recognizing and commending the Future Farmers of America.

TUESDAY, FEBRUARY 17, 1998

817

HR 1104.

By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd, Smith of the 175th and others:
A resolution honoring and commending the Professional Association of Geor gia Educators and the Page Foundation leadership and recognizing February 17, 1998, as Page Day at the Capitol.

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

HR 1105. By Representatives Lee of the 94th and Rogers of the 20th:
A resolution recognizing and commending Donald E. Panoz and Nancy Hefner Panoz and inviting them to appear before the House of Representa tives.

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

SR 481. By Senator Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; to provide an effective date.

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

Y Alien
YAndenon YAshe YBailey Y Bannister
Barfoot Y Barnard YBaraes
Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove N Bridges Y Brooks Y Brown YBuck Y Buckner
YBunn Y Burkhalter
Byrd Campbell Canty YCaih Y Channel! YChilden Y Clark YCoan YColeman, B Coleman, T Y Cornell Cooper Y Crawford Y Crews

Y Culbreth Y Cummings
DaTM, G Y DaTM, M YDay YDeLoach, B Y DeLoach, G BDii
Dizon YDobbg Y Dukes YEhrhart YEpps
Evans YEverett
Felton Floyd N Franklin
Golden Y Graves YGreene N Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland
Holmes Houston
Y Howard Y Hudgens Y Hudson, H

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
Lord
Y Lucas YMaddoi YMann N Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall E McClinton Y McKinney Y Mills
Mobley YMosley N Mueller Y O'Neal
Onock YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster
YPoag Polak Ponder
Y Porter Y Powell YPurceU YRagas YRandall
Ray Reaves YReichert YRice Y Richardson Y Roberts
Y Rogers Y Royal
Y Sanders Sauder
Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y SherriU 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 Smiling
YSnow YStallings
Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas
Tillman Y Titus
Y Tolbert YTrense
Turnquest Twiggs
Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R N Worthan Y Yates
Murphy, Spkr

818

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 138, nays 6. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Houston of the 166th, Polak of the 67th and Williams of the 63rd 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 1143.

By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Heard of the 89th and others:
A bill to amend Code Section 43-17-5 of the Official Code of Georgia Anno tated, relating to registration of charitable organizations which solicit or accept charitable contributions, so as to change certain requirements with respect to the review or audit of financial statements.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to reg istration of charitable organizations which solicit or accept charitable contributions, so as to change certain requirements with respect to the review or audit of financial statements; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations which solicit or accept charitable contributions, is amended by striking paragraphs (4) and (9) of subsection (b), and inserting in their place new para graphs (4) and (9), respectively, to read as follows:
"(4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration state ment. If the charitable organization has received or collected more than $600,000.00 $1 million during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial state ment of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. If the charitable organization has received or collected more than $100,000.00 $500,000.00 but not more than $600,000.00 $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected less th* $100,000.00 any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code." "(9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing

TUESDAY, FEBRUARY 17, 1998

819

the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable organization has received or collected more than $600,000.00 $1 million dur ing its preceding fiscal year, the financial statement shall be prepared by an indepen dent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preced ing fiscal year. If the charitable organization has received or collected more than $100,000.00 $500.000.00 but not more than $600,000.00 fl million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified pub lic accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected teas them $100,000.00 any charitable contribu tions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. Such financial statements shall be prepared in accord ance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his or her residence or principal office."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Jamieson of the 22nd, was read and adopted:

A BILL
To amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to reg istration of charitable organizations which solicit or accept charitable contributions, so as to change certain requirements with respect to the review or audit of financial statements; to change certain provisions regarding initial and renewal applications for registration; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations which solicit or accept charitable contributions, is amended by striking paragraphs (4) and (9) of subsection (b), and inserting in their place new para graphs (4) and (9), respectively, to read as follows:
"(4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration state ment. If the charitable organization has received or collected more than $600,000.00 $1 million during its preceding fiscal year, the financial statement shall be prepared

820

JOURNAL OF THE HOUSE,

by an independent certified public accountant and shall be a certified financial state ment of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. If the charitable organization has received or collected more than $100,000.00 $500.000.00 but not more than $600,000.00 $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected teas than $100,000.00 any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. In the event a charitable orga nization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ." "(9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable organization has received or collected more than $600,000.00 $1 million dur ing its preceding fiscal year, the financial statement shall be prepared by an indepen dent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of
filing, in which case the financial statement may be dated as of the end of the preced ing fiscal year. If the charitable organization has received or collected more than $100,000.00 $500.000.00 but not more than $600,000.00 $1 million during its preceding
fiscal year, the financial statement shall be reviewed by an independent certified pub lic accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year
prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected less than $100,000.00 any charitable contribu tions during its preceding fiscal year, the financial statement shall have attached
thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United
States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such
financial statement, such form as may be prescribed by rule and regulation of the Sec retary of State which requires information substantially similar to that required to be
provided on Form 990 or 990EZ. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certi fied, shall be certified by an independent public accountant duly registered and in
good standing as such under the laws of the place of his or her residence or principal office."

TUESDAY, FEBRUARY 17, 1998

821

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

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

Y Alien
Anderson YAshe Y Bailey Y Bannister
Barfoot Y Barnard
YBarnes Bates
Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter
Byrd Y Campbell
Canty YCash Y Channel!
Y Childen Y Clark YCoan Y Coleman, B
Coleman, T Y Cornell
Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G EDii YDixon YDobbs Y Dukes YEhrhart YEpps
Evans Y Everett Y Felton
Floyd Y Franklin
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 Houston Y Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis
Lord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E 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 Polak Ponder
Y Porter YPowell YPurcell YRagas YRandall
Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
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 YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens
Y Taylor YTeague YTeper Y Thomas
Tfflman Y Titus Y Tolbert YTrense
Turnquest Twiggs Y Walker, L Y Walker, R.L Y Watson 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, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1486. By Representatives Burkhalter of the 41st, Benefield of the 96th, Barnes of the 33rd, Sauder of the 29th and Coleman of the 142nd:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding counties and municipalities, so as to provide for legislative findings and implementation; to provide for exemptions from regulation by the Public Service Commission, Department of Transportation, and State Tollway Authority.

The following Committee substitute was read:

822

JOURNAL OF THE HOUSE,

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 provide for legislative findings and implementation; to provide for definitions; to provide for local government licenses and contracts and for rights relating to private toll roads and bridges and for high way approaches and the powers of eminent domain by a local government relating thereto; to provide for lease and sale of property and property interests of the state and political subdivisions thereof; to provide for exemptions from regulation by the Public Service Com mission, Department of Transportation, and State Tollway Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions regarding counties and municipalities, is amended by adding at the end a new Code section to read as follows:
"36-60-19.
(a) The General Assembly finds that allowing local government to license, contract with, or both license and contract with private companies to finance, construct, maintain, improve, own, or operate, or any combination thereof, private toll roads and bridges can provide significant public benefits to the citizens of this state in facilitating transporta tion of the general public without the need for additional public tax revenues. The Gen eral Assembly also finds that such facilitation of transportation of the public by private enterprise is an important public purpose and function. The General Assembly further finds that general law impediments to such arrangements should be removed. To imple ment these findings, this Code section shall control the subject matter thereof notwith standing any other provision of law to the contrary. (b) As used in this Code section, the term:
(1) 'Local government' means any county or municipality of this state. (2) 'Person' means any natural person, partnership, corporation, trust, association, or any other legal entity, other than the state or a political subdivision thereof. (3) 'Project' means a toll road or toll bridge. (c) A local government may contract with, license, or both contract with and license a person to finance, construct, maintain, improve, own, or operate, or any combination thereof, a project along the boundaries of or within such local government. In further ance of the enhanced transportation for its residents and others which such project can provide, such local government may finance, construct, maintain, improve, own, or oper ate, or any combination thereof, within the boundaries of such local government any necessary highway approaches to such project. Such contract, license, or contract and license may be executed by a local government without complying with the contracting requirements of Chapter 10 of this title. A contract, license, or contract and license authorized by this subsection may extend for any period as determined by the local gov ernment notwithstanding the provisions of Code Section 36-60-13 or any other provision of law. Such contract, license, or contract and license shall not impose any debt upon such local government unless that debt is incurred in conformity with Article IX, Sec tion V of the Constitution. Such local government shall not lend its credit as part or in furtherance of such contract, license, or contract and license. Neither the local govern ment nor the state shall make any improvements or otherwise expend public funds upon property owned by or leased to a person for a project. (d) Any property or rights therein of another person which are necessary for the project authorized by such contract, license, or contract and license may be procured by such local government exercising its power of eminent domain on behalf of and for the project and leased or sold to the person whom the local government has contracted with, licensed, or contracted with and licensed for such project, unless such property or rights therein are owned by the state or a political subdivision of the state. In all other respects such power of eminent domain shall conform to the requirements imposed by

TUESDAY, FEBRUARY 17, 1998

823

law. Any such property or rights therein owned by the state or a political subdivision thereof may be leased by such owner for any period, as determined by such owner, or sold by such owner and may only be leased or sold for fair market value. In determining such valuation, at least three written appraisals of the value of the property or rights therein shall be obtained by the owning state or political subdivision. Those appraisals shall be made by any person familiar with property values in the area where the prop erty is situated, at least one of which appraisals shall be made by a member of a nation ally recognized appraisal organization. If the state is the owner, such lease or sale shall be executed by the State Properties Commission and may be executed without competi tive bidding upon written determination by that commission that such lease or sale is necessary for the project and the public interest is served by such use of state property; provided, however, that if the Department of Transportation is the owner, such lease or sale shall be handled by the Department of Transportation in accordance with its nor mal procedures for the acquisition and disposal of department rights of way. (e) A contract authorized under this Code section shall provide, in addition to any other requirements:
(1) The right to finance, construct, maintain, improve, own, or operate, or any combi nation thereof, the project and that such right shall be irrevocable but need not be exclusive; (2) The right to own the project and to set, fix, change, and collect tolls; (3) Rights of assignment and amendment; (4) The duty of the person to provide for design and construction of the project and standards therefor; (5) Provisions for maintenance and operation, liability, and other operational matters; (6) Rights and duties of the parties regarding connecting roads, highways, streets, bridges, or transitways; and (7) Such other matters as shall be deemed appropriate or necessary. (f) A project operated pursuant to a contract, license, or contract and license authorized under this Code section shall not be subject to regulation as to toll amounts or any other matters by the Public Service Commission, the Department of Transportation, or the State Tollway Authority, except those matters related to the regulation of safety or haz ardous materials as provided for in Title 46. (g) Nothing in this Code section shall limit the exercise of the power of eminent domain by the state or a local government regarding a project."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 1486 as follows:
On page 2, line 26 strike from the word "notwithstanding" thru the period on line 28.

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

N Alien N Andersen NAahe N Bailey Y Bannister YBarfoot Y Barnard N Baraes
Bates NBenefield N Birdsong N Bohannon

Y Bordeaux N Bradford Y Breedlove Y Bridges Y Brooks N Brown N Buck Y Buckner YBunn N Burkhalter N Byrd N Campbell

N Canty N Cash N Channel! Y Guilders Y Clark Y Coan N Coleman, B N Coleman, T Y Connell N Cooper
Crawford N Crews

N Culbreth N Cummings Y Davis, G N Davis, M N Day N DeLoach, B N DeLoach, G E Diz Y Diion Y Dobbs Y Dukes N Ehrhart

N Epps Evans
Y Everett N Felton N Floyd Y Franklin
Golden N Graves Y Greene N Grindley N Hammontree
Manner

824

JOURNAL OF THE HOUSE,

N Harbin N Heard NHecht NHeckstaU YHegstrom YHenson N Holland N Holmes N Houston Y Howard NHudgens N Hudson, H N Hudson N YHugley NIrvin Y Jackson N James NJamieson YJenkins
Johnson NJohnston
Jones Y Joyce YKaye

N Ladd N Lakly YLane N Lee N Lewis Y Lord
Lucas N Maddoi NMann N Manning Y Martin, J
Martin, J.L Y Massey N McBee N McCall E McClinton Y McKinney Y Mills Y Mobley N Mosley N Mueller YO'Neal Y Orrock N Parham

N Fairish N Parsons
Pelote N Perry N Pinholster N Poag N Polak
Ponder Y Porter N Powell N Purcell N Ragas N Randall N Ray Y Reaves N Reichert N Rice N Richardson Y Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett

Y Scheid Y Scott N Shanahan N Shaw Y SherriU N Shipp N Sims N SinVfield N Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P

On the adoption of the amendment, the ayes were 56, nays 110. The amendment was lost.

N Stephens Y Taylor Y Teague Y Teper Y Thomas NTfflman Y Titus N Tolbert NTrense NTumquest N Twiggs N Walker, L Y Walker, R.L N Watson N West N Westmoreland Y Whitaker N Wiles N Williams, B N Williams, J N Williams, R N Worthan Y Yates
Murphy, Spkr

The following amendment was read:
Representatives Kaye of the 37th and Franklin of the 39th move to amend the Committee substitute to HB 1486 as follows: Page 2 line 13 delete "own," Page 3 line 33 delete "to own the project and" Page 3 line 34 insert after "tolls" "subject to regulation as to toll amounts by the Public Service Commission" Page 4 delete subsection (f) and reletter accordingly.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Alien YAndewon NAshe N Bailey N Bannister NBarfoot N Barnard NBames N Bates NBenefield NBirdsong NBohannon N Bordeaux
N Bradford Breedlove
Y Bridges Y Brooks N Brown N Buck NBuckner YBunn
NBurkhalter NByrd N Campbell
Canty

N Cash N Channell NChilders N Clark
Coan NColeman, B N Coleman, T N Connell N Cooper
Crawford N Crews N Culbreth N Cummings
Y Davis, G Y Davis, M N Day N DeLoach, B N DeLoach, G E Dii Y Diion Y Dobbs
N Dukes N Ehrhart N Epps
Evans

Y Everett N Felton N Floyd Y Franklin
Golden N Graves N Greene N Grindley N Hammontree
Banner N Harbin N Heard NHecht
NHeckstaU N Hegstrom N Henson N Holland N Holmes N Houston Y Howard NHudgens
N Hudson, H N Hudson, N N Hugley N Irvin

Y Jackson Y James NJamieson Y Jenkins
Johnson NJohnston N Jones Y Joyce Y Kaye N Ladd N Lakly N Lane N Lee
N Lewis N Lord
Lucas N Maddoi NMann N Manning N Martin, J N Martin, J.L
N Massey N McBee N McCall E McClinton

N McKinney Y Mills Y Mobley N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons
Pelote Y Perry N Pinholster
N Poag N Polak
Ponder N Porter N Powell N Purcell Y Ragas N Randall
N Ray N Reaves N Reichert N Rice

TUESDAY, FEBRUARY 17, 1998

825

N Richardson N Roberts N Rogers N Royal Y Sanders NSauder NScarlett NScheid N Scott N Shanahan NShaw

NSherrill NShipp NSinu NSinkfield
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 NSnelling NSnow
NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor

NTeague YTeper Y Thomas NTillman Y Titus N Tolbert NTrense N Turnquest
N Walker, L Y Walker, R.L

On the adoption of the amendment, the ayes were 27, nays 138. The amendment was lost.

N Watson NWest N Westmoreland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R NWorthan Y Yates
Murphy, Spkr

The following amendment was read:

Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 1486 as follows:
Strike paragraph (f) on page 4 in its entirety.

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

N Alien N Andenon NAohe N Bailey Y Bannister YBarfoot Y Barnard NBaraes
Bates N Benefield NBirdsong NBohannon N Bordeaux N Bradford
Breedlove Y Bridges Y Brooks N Brown NBuck Y Buckner YBunn N Burkhalter NByrd NCampbeU
Canty NCash NChannell Y Childera N Clark YCoan NColeman, B N Coleman, T NConnell N Cooper
Crawford N Crews

N Culbreth N CununingB Y Davis, G
N Davis, M NDay YDeLoach, B NDeLoach, G EDix YDixon YDobbs Y Dukes
NEhrhart NEpps
Evans YEverett N Felton NFloyd Y Franklin
Golden N Graves YGreene N Grindley N Hammontree
Hanner N Harbin N Heard NHecht N Heckstall NHegstrom YHenson N Holland N Holmes N Houston Y Howard NHudgens N Hudson, H

N Hudson, N N Hugley Nlrvin
N Jackson Y James N Jamieson Y Jenkins
Johnson N Johnston N Jones
Y Joyce YKaye NLadd NLakly YLane NLee N Lewis NLord
Lucas N Maddox NMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall E McClinton Y McKinney N Mills
Y Mobley NMosley N Mueller YO'Neal NOrrock
NParham

NParrish N Parsons
Pelote Y Perry N Pinholster NPoag NPolak
Ponder Y Porter N Powell NPurcell YRagas NRandall NRay N Reaves N Reichert NRice N Richardson Y Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett NScheid Y Scott
Y Shanahan NShaw YSherrill
NShipp NSims Y Sinkfield
N Skipper N Smith, C
N Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 46, nays 120. The amendment was lost.

The Committee substitute was adopted.

N Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre NSnelling NSnow NStallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephens N Taylor NTeague YTeper Y Thomas NTillman Y Titus
N Tolbert NTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L Y Watson NWest N Westmorland N Whitaker N Wiles N Williams, B N Williams, J N Williams, R NWorthan Y Yates
Murphy, Spkr

826

JOURNAL OF THE HOUSE,

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

N Alien
NAnderaon YAshe
Y Bailey Y Bannister YBarfoot N Barnard YBarnes
Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove N Bridges N Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash YChannell Y Childers N Clark NCoan
Y Coleman, B Y Coleman, T YConnell Y Cooper
Crawford Y Crews

Y Culbreth Y Cununings
N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G EDiz NDiion NDobbs Y Dukes YEhrhart YEpps
Evans NEverett YFelton YFloyd N Franklin
Golden Y Graves YGreene Y Grindley Y Hanunontree
Hanner Y Harbin
Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston N Howard Y Hudgens Y Hudson, H

Y Hudson, N NHugley Ylrvin N Jackson Y James Y Jamieson NJenkins
Johnson Y Johnston Y Jones N Joyce NKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L
NMassey YMcBee YMcCall E McClinton N McKinney Y Mills N Mobley YMosley Y Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons
Pelote N Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas YRandall
YRay N Reaves Y Reichert YRice Y Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett
YScheid N Scott Y Shanahan YShaw YShenill
YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V NSmyre YSnelling YSnow YStallings Y Stancil, F Y StancC, S N Stanley, L N Stanley, P Y Stephens N Taylor YTeague NTeper N Thomas YTiUman N Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L
N Walker, R.L Y Watson YWest Y Westmoreland
Whitaker YWUes 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 130, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1167.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Lee of the 94th, Buck of the 135th and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1167

The Committee of Conference on HB 1167 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 1167 be adopted.

TUESDAY, FEBRUARY 17, 1998

827

FOR THE SENATE:
M George Hooks Senator, 14th District
/s/ Charles W. Walker Senator, 22nd District
/s/ Sonny Perdue Senator, 18th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/a/ Terry L. Coleman Representative, 142nd District
/s/ Larry Walker Representative, 141st District
/s/ Thomas B. Buck, III Representative, 135th District

A BILL

To amend an Act providing for the State Fiscal Year 1997-1998 known as the "Gen
eral Appropriations Act", approved April 24, 1997 (Ga. L. 1997, p. 1101), so as to change certain appropriations for the State Fiscal Year 1997-1998; 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:

Section 1. An Act providing appropriations for the State Fiscal Year 1997-1998, as amended, known as the "General Appropriations Act" approved April 24, 1997 (Ga. L. 1997, p. 1101), is further amended by striking everything following the enacting clause
through Section 61, 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, 1997, and ending June 30, 1998, as prescribed hereinafter for such
fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $11,118,625,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1998.

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....................................................................!

27.168.900 14,396,206 3,978,935 2,607,235
110,000 7,000 0
519,200 260,000 763,000
5,000 650,500 130,230
2,503,794 105,000
1,132,800 27,168,900 27,168,900

Senate Functional Budgets

Total Funds

State Funds

828

JOURNAL OF THE HOUSE,

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

4,398,770 740,357
1.196.674 6,335,801

4,398,770 740,357
1.196.674 6,335,801

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

10,737,419 579,469
1.471.096 12,787,984

10,737,419 579,469
1.471.096 12,787,984

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

2,908,271

$

2,075,165

994,253

1,671,664

395.762 8,045,115

2,908,271 2,075,165
994,253 1,671,664
395.762 8,045,115

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 not withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

TUESDAY, FEBRUARY 17, 1998

829

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....................................................................$

20.214.774 17,079,652
659,390 575,000 118,374
15,000 908,710 43,000 636,110 179.538 20,214,774 20,214,774

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....................................................................$

90.895.360 12,819,251 74,814,404 2,505,947 1,624,344
38,000
300,000
700.000
92,801,946 90,895,360

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

$

6,879,503

8,045,875

36,251,730

29,887,900 1,209,812

783,635 2,739,590

166,364 4,284,487

2,294,186

258.864 92,801,946

6,229,503 7,995,875 36,177,730
28,834,584 1,209,812
783,635 2,660,320
166,364 4,284,487
2,294,186
258.864 90,895,360

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative
Services ....................................................... Personal Services.................................................................... Regular Operating Expenses................................................ Travel....................................................................................... Motor Vehicle Purchases ...................................................... Equipment...............................................................................

48.649.307 52,274,607 14,772,359
500,371 812,834 2,301,544

830

JOURNAL OF THE HOUSE,

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....................................................................?

13,975,611 3,567,350 3,852,727 3,544,715 11,129,891
0 2,974,797
4,336,637
566,806 60,913,800 1,154,406 20,039,840
700,000 85,000 48,500 85.000 197,636,795 48,649,307

Departmental Functional Budgets

Total Funds

State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

?

14,651,997

?

9,832,273

$

31,659,290

? 135,265,763

?

667,364

?

1,524,951

?

4,035,157

$ 197,636,795

?

7,539,671

?

4,448,172

?

0

?

32,437,569

?

667,364

?

192,372

?

3.364.159

?

48,649,307

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 23,054,408 13,560,189
12,000 200,000 196,800
110,100 15,071 228,970
405,000 4,336,637
0 0 0
42,119,175 0

Departmental Functional Budgets

Total Funds

State Funds

Grounds Custodial
Maintenance Security

?

1,452,327

?

0

?

5,507,049

?

0

?

4,297,686

?

0

?

7,229,140

?

0

TUESDAY, FEBRUARY 17, 1998

831

Van Pool
Administration Roofing Facilities Program Total

381,939 4,234,456 17,942,298
370,657 703.623 42,119,175

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....................................................................!

37.782,853 32,169,566 4,449,644
959,745 302,000 448,115 670,430 814,475 412,585 951,396 1,046,000
3,093,546
2,911,440 275,000 60,000 175,000
735,704 0
0 0
40,000 0
49,514,646 37,782,853

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

8,179,810

!

16,194,493

!

6,393,875

!

6,399,695

!

3,671,579

!

8,092,956

!

582.238

!

49,514,646

!

7,398,810

!

13,062,358

!

2,718,875

!

6,212,195

!

3,541,879

!

4,848,736

!

0

!

37,782,853

B. Budget Unit: Georgia Agrirama Development Authority..................................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................!

0 938,623 201,667
4,000

832

JOURNAL OF THE HOUSE,

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....................................................................!
Section 7. 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.......................................................................! 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...............................................................! 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...................................................................! Regional Assistance Program........................................................! Total Funds Budgeted....................................................................!

9.523.070 7,838,930
437,094 400,000 112,380
7,464 277,112 364,290
73,000
12.800 9,523,070 9,523,070
44.876.764 6,260,169
335,591 175,696
0 1,368 488,430 247,564 132,424 82,110
2,063,100 17,743,689
133,355
30,000,000
2,434,250
2,814,244 650,000
1,113,812 4,531,250
937,868
5,500,000 0
308,272 199,024 1.250.000 77,402,216

TUESDAY, FEBRUARY 17, 1998

833

State Funds Budgeted...............................................................

44,876,764

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning Information and
Management Division Business and Financial Assistance
Division Housing Finance Division Administrative Division Rental Assistance Division Total

1,727,464
6,155,239
39,076,556 0
30,442,957 0
77,402,216

1,727,464
5,980,711
8,002,999 0
29,165,590 0
44,876,764

Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions
andProbation..........................................................$ 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....................................................................!

700.029.028 496,484,504 60,038,119
2,237,021 1,280,920 3,533,387 6,777,354 6,002,776 6,837,979 4,721,239
0 22,365,907 1,200,000 16,777,319 9,532,184
0 1,093,624
3,959,700
1,576,000 577,160
1,300,000 71,075,480
66,620
366,244 894,000 718,697,537 450,000
0 700,029,028

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration Human Resources Field Probation Facilities

15,010,373
51,214,918 14,019,558 61,401,109 577.051.579

14,653,373
48,989,399 14,019,558 60,921,109 561,445.589

834

JOURNAL OF THE HOUSE,

Total

$ 718,697,537

700,029,028

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....................................................................!

45.029.713 35,062,129 1,614,750
542,000 23,000 194,424 591,200
2,785,000 930,000
2,343,650 918,560
25.000 45,029,713 45,029,713

Section 9. 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....................................................................!

4.989.144 10,589,217 7,614,572
38,375
0
20,000 40,225 24,400 41,225 470,200
0 18,838,214 4,989,144

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard
Georgia Army National Guard Total

1,613,393
5,553,809 11.671.012
18,838,214

1,412,701
602,799 2.973.644 4,989,144

Section 10. 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......................................................................................!

4.503.454.637
35,653,456 6,816,474 1,066,510
39,279 108,465 8,845,662 1,362,627 1,248,850 24,493,607 793,952
0
1,087,229,681 921,117,189

TUESDAY, FEBRUARY 17, 1998
Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education Laboratories..............................................! Special Education............................................................................$ Gifted................................................................................................$ Remedial Education........................................................................! Staff Development and Professional
Development................................................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Local Fair Share..............................................................................! Mid-Term Adjustment Reserve....................................................! Teacher Salary Schedule Adjustment..........................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance...................................................! Middle School Incentive................................................................! Special Education Low - Incidence Grants.................................! Limited English-Speaking Students Program ............................$ Non-QBE Grants: Education of Children of Low-Income Families ........................$ Retirement (H.B. 272 and H.B. 1321) .........................................$ Instructional Services for the Handicapped ...............................$ Tuition for the Multi-Handicapped.............................................! Severely Emotionally Disturbed ...................................................$ School Lunch (Federal) ..................................................................$ School Lunch (State)......................................................................! Supervision and Assessment of Students and
Beginning Teachers and Performance-Based Certification..................................................................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................! High School Program.....................................................................! Special Education in State Institutions.......................................! Governor's Scholarships.................................................................! Counselors........................................................................................! Vocational Research and Curriculum ..........................................$ Even Start........................................................................................! State and Local Education Improvement ...................................$ PSAT Exams....................................................................................! Accounting, Management and Student Information System....................................................................! Student Record................................................................................! 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)........................................!

835
376,283,741 187,374,816 122,022,070 438,067,665 69,771,250 99,733,473
35,394,416 114,193,981 727,027,989 144,838,830 (668,034,272) 78,027,895
0
168,134,386 3,367,891 27,736,019
104,583,661 86,256,283
563,759 18,078,796
164,747,346 5,408,750 73,012,113 2,210,804 45,900,747
188,375,722 31,528,000
1,491,147 10,159,188 3,568,830 25,074,476 3,644,659 4,600,000 11,524,998
301,207 2,720,906 4,552,565
756,500
11,321,870 922,356
29,829,742 9,663,513
16,901,918 601,772
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895

836

JOURNAL OF THE HOUSE,

Robert C. Byrd Scholarship (Federal) .........................................$ Health Insurance - Non-Cert. Personnel
and Retired Teachers .................................................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Advanced Placement Exams .........................................................$ Gifted Technology...........................................................................$ Serve America Program .................................................................$ Youth Apprenticeship Grants .......................................................$ Remedial Summer School..............................................................$ Alternative Programs......................................................................$ Joint Evening 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....................................................................*

273,723
99,047,892 17,754,530 1,250,000 1,608,000
472,400 382,597 4,340,000 1,689,931 12,924,311 267,333 100,000 6,694,000 500,000 45,000 14,132,828 274.395 5,057,493,801 340,000 4,503,454,637

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

10,108,626 20,228,109
1,215,442 5,400,732 6,776,777 17,059,279 1,090,100 4,977,414,919 5,554,282 4,623,900 5,280,626 2.741.009 5,057,493,801

8,648,432 15,248,586 1,137,853 5,400,732
392,542 15,748,475 1,090,100 4,440,560,027 5,193,601
4,384,804
4,799,884 849.601
4,503,454,637

B. Budget Unit: Lottery for Education..............................................* Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Assistive Technology.......................................................................* Alternative Programs......................................................................* Educational Technology Centers ..................................................* Learning Logic.................................................................................* Model Technology Schools ............................................................$ Capital Outlay .................................................................................$ Post Secondary Options .................................................................$ Fort Discovery National Science Center .....................................* Financial and Management Equipment......................................* Computers in the Classroom.........................................................* Total Funds Budgeted....................................................................* Lottery Funds Budgeted ................................................................*

357.532.088 210,279,348
0 2,000,000
500,000 689,836 300,000
0 100,016,973
2,100,000 1,000,000 3,804,500 36.841.431 357,532,088 357,532,088

Section 11. Employees' Retirement System. Budget Unit: Employees' Retirement System ..................................*
Personal Services.............................................................................*

0 2,124,047

TUESDAY, FEBRUARY 17, 1998

837

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....................................................................$

260,600 18,000 0 65,105 654,663 322,438 63,315
1,331,650 0
4,839,818 0

Section 12. Forestry Commission. Budget Unit: Forestry Commission ....................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Ware County Grant ........................................................................$ Ware County Grant for Southern Forest World........................$ Ware County Grant for Road Maintenance ...............................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

34.986.218 29,108,768 5,636,892
161,926 668,913 1,598,518 323,000 21,420 925,319 1,161,403
0 28,500 60,000 241.752 39,936,411 34,986,218

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

1,859,526 33,896,376
4.180.509 39,936,411

25,710 30,948,154
4.012.354 34,986,218

Section 13. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................................$
Personal Services.............................................................. ...............$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment...................................................... ..................................$ Computer Charges.................. .........................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

48.334.166 37,206,120 4,488,436
478,225 294,000 630,490 640,355 2,086,425 1,103,470 922,645
484,000
0
48,334,166 48,334,166

Departmental Functional Budgets

Total Funds

State Funds

838

JOURNAL OF THE HOUSE,

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,324,259

$

24,306,898

$

8,296,824

$

11,406.185

$

48,334,166

?

4,324,259

$

24,306,898

$

8,296,824

$

11.406.185

$

48,334,166

Section 14. Office of the Governor. A. Budget Unit: Office of the Governor.............................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................? Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost of Operations ..........................................................................$ Mansion Allowance .........................................................................$ Governor's Emergency Fund.........................................................$ Intern Stipends and Travel ...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds.....................................................$ Children and Youth Grants...................................,.......................? Juvenile Justice Grants ..................................................................$ Georgia Crime Victims Assistance Program ...............................$ Grants to Local Systems........................................,.......................? Grants - Local EMA .......................................................................$ Grants - Other .................................................................................$ Grants - Civil Air Patrol ................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

30.616.017 15,352,586
943,322 236,064
0 60,408 830,700 996,718 495,706 4,311,892 3,354,364 40,000 3,160,000 156,750 3,900,000 241,500 175,000
0 276,426 1,499,100 100,000 684,400 1,085,968
0 57.000 37,957,904 30,616,017

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 Governor's Commission for the
Privatization of Government Services Total

$

6,711,114

?

983,071

?

8,125,886

?

5,105,637

?

3,317,635

?

711,123

$

1,250,197

?

2,253,846

?

311,207

?

4,041,774

?

4,983,374

?

163,040

?

37,957,904

?

6,711,114

?

819,125

$

8,125,886

?

4,502,137

$

3,216,635

?

711,123

?

310,878

$

554,846

?

311,207

?

4,041,774

?

1,148,252

?

163.040

?

30,616,017

TUESDAY, FEBRUARY 17, 1998

839

Section 15. 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....................................................................!

1.161.948.609
60,049,842 2,433,191 1,522,191 1,573,678
106,130 4,778,651 7,068,171 7,115,683
867,947 309,000 46,486,389 45,491,515 89,214 923,452 18,199,615 927.901 197,942,570 412,600 116,701,261

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Office of Panning and
Budget Services Office of Adoption Children's Community Based
Initiative Troubled Children'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

!

1,037,742

$

4,057,233

$

1,191,996

$

5,508,295

$

46,486,389

$

34,883,964

$

5,509,616

!

576,110

!

2,877,638

$

10,290,048

$

6,435,216

$

8,470,765

!

1,888,006

$

3,492,190

$

0

!

1,179,800

$

60,596,067

$

1,804,142

$

1.657.353

$ 197,942,570

$

1,037,742

$

4,057,233

$

1,168,246

!

5,133,295

$

33,335,726

!

21,240,810

$

4,255,620

!

566,110

!

2,752,638

$

4,587,256

$

2,317,156

!

6,645,750

$

1,888,006

$

3,492,190

$

(9,965,749)

$

1,179,800

$

31,236,126

$

1,724,142

!

49.164

! 116,701,261

2. Public Health Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................!

48,755,563 74,476,798
802,414 0
195,367 1,413,650 4,313,697

840

JOURNAL OF THE HOUSE,

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....................

...$

1,682,597

...$

1,218,661

...$

280,732

...$

15,023,765

...$

132,073,686

...$

34,500

...$

106,097

...$

4.580.555

...$

284,958,082

...$

549,718

...$

154,895,867

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Oral Health
Stroke and Heart Attack Prevention
Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization 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 Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect
Cost

$

12,801,257

$

1,375,269

$

1,573,141

$

2,292,312

$

4,342,592

$

5,246,146

$

2,494,184

$

10,881,359

$

83,435,710

$

68,422,827

$

13,258,839

$

3,256,364

$

1,467,688

$

697,961

$

1,043,235

$

6,165,832

$

863,506

$

1,190,809

$

2,523,376

$

376,294

$

569,046

$

4,974,431

$

1,328,484

$

357,718

$

263,191

$

2,025,699

$

2,736,633

$

1,400,306

$

6,358,148

$

278,580

$

9,458,842

$

7,843,045

$

3,286,750

$

7,167,155

$

177,138

$

13,024,215

$

0

$

12,671,582

$

1,160,438

$

1,250,966

$

1,179,700

$

3,568,773

$

5,134,146

$

494,026

$

5,854,042

$

0

$

67,292,789

$

6,482,532

$

1,907,651

$

1,364,601

$

442,425

$

0

$

4,717,392

$

685,576

$

710,584

$

1,080,501

$

376,294

$

569,046

$

4,974,431

$

1,074,293

$

206,580

$

263,191

$

1,779,342

$

2,513,815

$

888,433

$

6,088,148

$

278,580

$

5,248,958

$

0

$

2,530,130

$

2,743,551

$

159,641

$

10,739,428

$

(1.535.718)

TUESDAY, FEBRUARY 17, 1998

841

Total

284,958,082

154,895,867

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....................................................................................?
Special Purpose Contracts.............................................................? Purchase of Services Contracts.....................................................?
Institutional Repairs and Maintenance.......................................? Utilities.............................................................................................? Postage..............................................................................................? Total Funds Budgeted....................................................................?
Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

80,070,234 11,635,180 I,402,054
50,582 751,574 4,117,555
7,855,273 2,990,069 2,043,183
29,330,191 730,245
II,556,562
255,000 859,650 823.675 154,471,027
100,000 24,012,698

Departmental Functional Budgets

Total Funds

State Funds

Vocational Rehabilitation Services Independent Living Employability Services
Community Facilities Program Direction and Support Grants Management
Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute
Total

61,115,620 763,949 566,005
10,140,272 4,081,230
694,540
38,737,780
12,600,070 25,771,561 154,471,027

?

12,024,237

?

328,969

?

566,005

$

3,585,422

?

1,237,275

?

694,540

?

0

?

867,699

?

4,708,551

?

24,012,698

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....................................................................?

46,034,209 4,654,700 1,139,360
0 383,289 3,722,619 23,986,982 29,594,569 10,099,417 3,286,607 306,399,952 6,579,933 233,807,247 27,366,239 2,774,054 312.672,138 1,012,501,315 2,565,582 357,215,947

Departmental Functional Budgets

Total Funds

State Funds

842

JOURNAL OF THE HOUSE,

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Employment Services Child Support Recovery Temporary Assistance for Needy
Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total

$

513,508

$

3,623,110

$

3,284,424

$

3,927,362

$

10,824,372

$

1,076,242

$

2,704,799

$

30,788,253

$

1,475,648

$

70,691,121

$ 296,109,390

$

1,122,012

$

2,799,420

$

7,223,130

$ 117,561,676

$

96,752,523

$

3,190,752

$

8,333,523

$

68,037,925

$

21,986,491

$

40,557,515

$

4,290,503

$

31,595,512

$

9,900,790

$

5,146,142

$

17,361,167

$

11,544,785

$ 133,320,622

$

3,471,991

$

3,286,607

$

0

$ 1,012,501,315

$

513,508

$

3,125,801

$

3,024,181

$

3,927,362

$

543,999

$

1,076,242

$

1,699,008

$$

13,048,816 1,475,648

$

11,335,403

$

68,100,070

$

1,122,012

$

0

$

0

$

58,036,963

$

36,560,073

$

0

$

2,269,294

$

33,652,572

$

8,203,841

$$$

16,161,742 2,520,990 20,022,962

$

7,289,407

$

4,298,815

$$

13,279,408 9,718,081

$

38,486,937

$

3,407,759

$

3,286,607

$ (8,971,554)

$ 357,215,947

5. 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............................................

329,892,657

57,247,113

...$

200,000

...$

11,532,133

...$

2,127,790

...$

301,944,168

...$

702,943,861

...$

2,404,100

509,122,836

Departmental Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health Institute

40,137,188 24,432,255 23,366,723

$

24,993,159

$

7,594,141

$

21,448,921

TUESDAY, FEBRUARY 17, 1998

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

18,512,863
25,479,493
29,806,305 123,988,361
18,835,886
53,299,515 19,658,931 4,054,089 1,001,456 151,806,959
92,677,616
60,650,585 10,222,668 5.012.968 702,943,861

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......................................................................^ Operating Expenses ........................................................................$ Major Maintenance and Construction .................,.......................$ Community Services .......................................................................$ 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..............................................................................$

Section 16. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ....................................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$

843
16,625,971
18,414,834
25,124,023 81,561,732
17,154,565
23,487,815 16,872,692 3,145,154
940,302 145,875,828
61,505,137
33,552,905 6,336,746 4.488.911 509,122,836
564,802,505
4,866,019 1,824,260 1,436,360 14,032,475 43,224,123 41,382,918 14,229,208 57,247,113 2,127,790 301,944,168 29,330,191 3,286,607 306,399,952 7,899,910 280,293,636 99,438,081 132,073,686
378,714 12,391,783 4,627,278 18,199,615 313,600,039 4,580,555
20.409.594 10,139,980 1,578,726
387,465

844

JOURNAL OF THE HOUSE,

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....................................................................?

16,200 64,757 199,780 850,559
335,700
1,284,638 241,600
5,486,189 0 0
50,000 0
20,635,594 20,409,594

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning Total

8,077,323 3,721,258 1,608,625 5,427,716 1,175,385
625.287 20,635,594

8,077,323 3,721,258 1,608,625 5,201,716 1,175,385
625.287 20,409,594

Section 17. Department of Insurance. Budget Unit: Department of Insurance.............................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Health Care Utilization Review....................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

15.799.353 14,129,498
800,728 534,074 50,000 113,558 199,213 825,294 342,424 211,219
0 17,206,008 15,799,353

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund Total

4,248,088 6,425,444
559,587
5,347,889 625,000
17,206,008

4,248,088 6,425,444
559,587
3,941,234 625.000
15,799,353

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice..................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................?

185.488.692 109,663,916 12,253,528
1,211,064 128,000

TUESDAY, FEBRUARY 17, 1998

845

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 ......................................................$
Health Services Purchases.............................................................$ Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

536,127 474,855
1,884,885 1,246,258 6,467,027 3,418,520
693,989 2,969,866 18,607,910 22,436,608
0 8.997,601 190,990,154
185,488,692

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 Eastman YDC Court Services
Day Centers Group Homes CYS Purchased Services
Georgia Addiction Pregnancy and Parenting Project
Law Enforcement Office
Assessment and Classification Multi-Service Centers Youth Services Administration
Total

44,064,614 16,845,327 11,846,291 6,958,284 6,080,217 15,783,704 21,422,609 9,371,761 19,893,065
493,281 1,114,257 21,095,774
50,000 1,766,287
551,431 3,916,725 9,736.527 190,990,154

$

42,903,805

$

16,181,815

$

11,339,861

$

6,718,800

$

5,792,658

$

15,115,614

$

20,781,768

$

9,144,761

$

19,737,213

$

493,281

$

1,114,257

$

20,233,889

$

50,000

3

1,766,287

$

551,431

$

3,826,725

$

9.736.527

$ 185,488,692

Section 19. Department of Labor. Budget Unit: Department of Labor.......
Personal Services................................. Regular Operating Expenses.............
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....................................................................$

10.500.998 72,322,396 6,213,740 1,305,910
0 457,047 3,058,815 1,888,123 1,465,339 60,500,000 3,157,943
0 1,774,079
0 152,143,392 10,500,998

Section 20. Department of Law.

846

JOURNAL OF THE HOUSE,

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....................................................................$

13,274,252 12,272,365
718,135 179,322
0 27,686 311,601 826,548 140,424 260,000 147,000 14,883,081 13,274,252

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....................................................................!

1,180,146.808 17,102,396 5,814,019 188,400 0 51,500 42,878,090 765,380 525,000 99,734,768
3,201,653,862 772.500
3,369,485,915 1,180,146,808

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances Systems Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

!

1,823,493

! 3,201,653,862

!

50,348,074

!

2,314,233

!

9,380,394

!

3,854,589

!

5,466,700

!

4,938,853

!

89.705.717

! 3,369,485,915

!

871,641

! 1,135,032,597

!

11,527,182

!

870,497

!

3,613,357

!

1,654,454

!

2,733,350

!

2,354,050

!

21.489.680

! 1,180,146,808

B. Budget Unit: Indigent Trust Fund................................................! Per Diem, Fees and Contracts......................................................! Benefits.............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

148.828.880 8,200,000
368.962.635 377,162,635 148,828,880

Section 22. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration........................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

300,000 9,209,855 2,498,301

TUESDAY, FEBRUARY 17, 1998

847

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....................................................................?

111,100 41,453 866,109 191,288,143 3,412,707 445,820 890.662.994 1,098,536,482 I,162,915 II,153,613 1,085,568,416 351,538
300,000

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Personnel Practices Evaluation
Audits Total

?

3,294,263

?

5,665,972

? 1,085,764,200

3,812,047

?

0

? 1,098,536,482

300,000 0 0 0
0 300,000

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

103.310.384 74,179,877 13,933,169
582,059 1,446,520 2,004,467 2,378,593 12,763,682 2,972,182 1,273,250
98,600 675,000 1,693,217
1,188,810
3,088,000
213,750
737,330 350,000
1,300,000 26,250 0 500,000
800,000
256,500 1,000,000
0
0 0

848

JOURNAL OF THE HOUSE,

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....................................................................?

170,047 204,642
300,000
0 31,000 7,380,472 6,792,756
2,062,017 100,000 6.000
140,508,190
890,073
2,122,585
2,663,931
1,426,635 200,000
103,310,384

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

$

4,885,828

2,962,334

2,786,243

39,683,455 2,224,298 36,817,147 50,123,138 1.025.747 140,508,190

?

4,870,828

?

2,962,334

?

2,296,243

?

18,002,341

?

2,099,580

?

31,715,356

?

40,337,955

$

1.025.747

? 103,310,384

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 2,677,702 1,993,200
25,000 30,000 100,000 20,000
0 50,000 695,000
0 5,590,902
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition

TUESDAY, FEBRUARY 17, 1998

849

Authority

5,590,902

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....................................................................!

100.628.816
61,941,346 8,005,646
104,095 2,100,000
288,460 3,501,067
28,962 1,944,147
994,000 145,100
0 0 79,052,823 1,650,000 77,402,823

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....................................................................!

18,074,759 1,110,763
54,381 0
47,643 50,000 47,262 270,000 271,500
0 303,651 34,900 2.961.134 23,225,993
0 23,225,993

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

19,334,349 23,225,993 59.718.474 102,278,816

17,834,349 23,225,993 59.568.474 100,628,816

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.......................................................................!

14.162,878
8,147,049 2,608,334
97,663 0
217,303 153,819 154,997 172,113

850

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts ......................................................? Highway Safety Grants ..................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

524,390 2,425,200 3,536,527
0 18,037,395 14,162,878

Departmental Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers Standards
and Training Police Academy
Fire Academy Georgia Firelighters Standards and
Training Council
Georgia Public Safety Training Facility
Total

3,051,769
1,417,555 1,179,198 1,133,947
464,482
10.790.444 18,037,395

327,252
1,417,555 1,089,198 1,023,947
464,482
9.840.444 14,162,878

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....................................................................?

15.110.000 575,000
14.535.000 15,110,000 15,110,000

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....................................................................?

8.482.241 7,389,185
643,921
277,556 204,500 61,826 399,811
330,108 158,378
1.266.590 10,731,875 8,482,241

Departmental Functional Budgets

Total Funds

State Funds

Administration
Transportation Utilities Total

?

2,185,724

?

3,561,341

?

4.984.810

?

10,731,875

2,185,724 1,541,099
4.755.418 8,482,241

Section 27. Board of Regents, University
System of Georgia. A. Budget Unit: Resident Instruction.................. Personal Services:
Educ., Gen., and Dept. Svcs............................. Sponsored Operations........................................

1.301.019.052
1,346,731,158 204,900,000

TUESDAY, FEBRUARY 17, 1998

851

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....................................................................?

333,095,456 146,225,000 19,622,118
1,491,151 351,860 741,611
48,453,064 5.439.000
2,107,050,418 42,000,000 351,125,000
409,866,866 3,039,500
1,301,019,052

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/
Economic Development Institute.............................................?
Capitation Contracts for Family Practice Residency......................................................................?
Residency Capitation Grants.........................................................?
Student Preceptorships..................................................................? Mercer Medical School Grant.......................................................?
Morehouse School of Medicine Grant.........................................? Capital Outlay.................................................................................? Center for Rehabilitation Technology.........................................?
SREB Payments..............................................................................? Medical Scholarships......................................................................? Regents Opportunity Grants.........................................................?
Regents Scholarships......................................................................? Rental Payments to Georgia Military College............................?
CRT Inc. Contract at Georgia Tech Research Institute.......................................................................?
Direct Payments to the Georgia Public
Telecommunications Commission for Operations..................? Total Funds Budgeted....................................................................? Departmental Income.....................................................................?
Sponsored Income...........................................................................? Other Funds.....................................................................................?
Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

183.568.855
278,772,057 70,533,799
128,847,146 42,274,927
0 2,497,965
14,189,218
3,864,204 2,119,378
146,400 7,210,000 6,494,890
0 3,049,004 4,653,750 1,386,882
600,000 200,000 1,273,869
193,815
17.415.057 585,722,361
0 120,300,272 281,309,734
543,500 183,568,855

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center

2,297,115

1,458,968

852

JOURNAL OF THE HOUSE,

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

$

4,929,365

$

1,568,456

$ 107,087,281

$

14,189,218

$

69,322,582

$

55,926,738

$ 262,074,410

$

2,984,133

$

5,118,005

$

25,427,456

$

3,413,908

$

3,491,531

$

27.892,163

$ 585,722,361

$

1,697,372

$

1,005,675

$

9,211,977

!

7,061,177

$

40,136,393

$

32,518,352

$

33,608,599

$

2,984,133

$

535,878

$

25,427,456

$

0

$

137,561

$

27.785.314

$ 183,568,855

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................! State Funds Budgeted....................................................................!

0 9,906,134 20.071.586 29,977,720 29,977,720
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund...................................................................................! Georgia Public Telecommunications Commission .....................$ Internet Connection Initiative ......................................................$ Special Funding Initiatives............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

35.054.422
15,000,000 1,500,000 6,454,422 12.100.000 35,054,422 35,054,422

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....................................................................!

103.880.873 60,489,292 5,221,372
1,366,540 120,000 410,048
12,600,530 2,886,194 2,711,370 1,250,237 4,172,795
0 2,642,850 3,506,810 11.881,290 109,259,328 3,845,000 103,880,873

Departmental Functional Budgets

Total Funds

State Funds

TUESDAY, FEBRUARY 17, 1998

853

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

$

19,736,656

$

11,643,171

$

11,635,054

$

16,553,073

$

8,174,335

$

17,583,288

$

8,187,047

$

4,959,156

$

4,021,076

$

23,103

$

4,204,944

$

2.538.425

$ 109,259,328

$

19,736,656

$

11,493,171

$

10,619,854

$

16,413,073

$

7,874,335

$

16,283,288

$

8,187,047

$

3,225,701

$

3,921,076

$

23,103

$

3,565,144

$

2.538.425

$ 103,880,873

Section 29. Secretary of State. A. Budget Unit: Secretary of State.....
Travel................................................. Equipment......................................... Real Estate Rentals .........................
Election Expenses ............................ Total Funds Budgeted..................... State Funds Budgeted.....................

....$

28.787.000

,...$

17,742,115

....$

3,156,655

,...$

239,500

,...$

175,019

....$

89,990

,...$

2,789,487

....$

2,402,255

....$

845,850

....$

1,726,594

....$

664.535

29,832,000

....$

28,787,000

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

$

3,569,578

$

4,822,902

$

4,553,807

$

4,629,248

$

1,235,085

$

387,907

$

10,532,499

$

100.974

$

29,832,000

$

3,539,578

$

4,747,902

$

3,783,807

$

4,609,248

$

1,235,085

$

387,907

$

10,382,499

$

100.974

$

28,787,000

B. Budget Unit: Real Estate Commist Personal Services.............................. Travel ................................................. Motor Vehicle Purchases ...............
Real Estate Rentals ........................
Total Funds Budgeted.................... State Funds Budgeted....................

....$

2.235.046

....$

1,344,466

.....$

167,500

....$

15,000

....$

25,000

....$

9,630

....$

333,150

....$

165,300

....$

42,000

....$

133.000

.....$

2,235,046

1!

2,235,046

Departmental Functional Budgets

State Funds

Cost of Operations

854

JOURNAL OF THE HOUSE,

Real Estate Commission

2,235,046

2,275,046

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....................................................................!

t , 1 o ,o"U
1,277,680 241,858 38,568 13,078 11,669 45,776 106,062 36,576 549,905 174.418
2,495,590 2,132,890

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....................................................................!

34.167.303 444,058 15,000 16,000 17,000 3,100 13,822 40,000 12,000 50,000 0
4,739,075 26,264,000
1,221,380 86,000 337,500 100,000 808,368 0
34,167,303 34,167,303

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

!

33,556,323

!

610,980

!

34,167,303

!

33,556,323

!

610.980

!

34,167,303

B. Budget Unit: Lottery for Education..............................................! HOPE Financial Aid - Tuition.....................................................! HOPE Financial Aid - Books........................................................! HOPE Financial Aid - Fees...........................................................! Tuition Equalization Grants .........................................................$ Hope Scholarships - Private Colleges..........................................! Georgia Military College Scholarship ..........................................$ LEPD Scholarship..........................................................................!

203.895.380 95,910,165 26,643,606 20,946,256 21,051,971 27,180,000
640,200 249,736

TUESDAY, FEBRUARY 17, 1998

855

Teacher Scholarships......................................................................$ Promise Scholarships......................................................................$ Engineer Scholarships ....................................................................!
Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................$

9,800,000 903,446 570.000
203,895,380 203,895,380

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....................................................................!

4.070.000
5,544,716 378,425
20,500 0
14,300 815,736
518,566 190,302 335,650 3,750,000
320.000 11,888,195 4,070,000

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....................................................................!

236.350.565 5,632,485 596,890
161,380 0
187,271 653,288
794,575 912,165 129,033
14,458,836 16,098,788 1,062,342 5,749,075
0 172,937,986 48,866,744
6,137,718 18,962,976 3,584,407
10.030.398 306,956,357 236,350,565

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

9,067,087

! 297,889.270

! 306,956,357

!

5,983,437

! 230,367.128

! 236,350,565

B. Budget Unit: Lottery for Education.... Computer Laboratories and Satellite Dishes-Adult Literacy........................

856

JOURNAL OF THE HOUSE,

Capital Outlay - Technical Institute Satellite Facilities....,...................................................................?
Equipment-Technical Institutes ...................................................? Repairs and Renovations - Technical
Institutes.......................................................................................? Total Funds Budgeted....................................................................* Lottery Funds Budgeted ................................................................$

0 4,401,500
0 5,441,500 5,441,500

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........................................? Special Airport Development Program........................................? Mass Transit Grants.......................................................................? Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................? Contracts with the Georgia Rail Passenger
Authority......................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

606.922.083 252,148,343 58,974,281
1,894,091 2,000,000 7,011,553 8,399,287 1,341,373 2,769,833 38,764,367 802,982,528
1,001,874 1,589,992 35,000,000 10,942,422
780,000
4.550.000 1,230,149,944
606,922,083

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

886,176,749 244,240,628 12,932,803 29.093.905 1,172,444,085

287,175,190 $ 231,816,643
12,372,803 28.310.230 559,674,866

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

0 1,871,114 55,054,745
780.000 57,705,859

0 1,451,103 45,016,114
780.000 47,247,217

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........................................................................?

20.481,548 5,156,689
180,263 92,245
0 201,495 20,400
248,700

TUESDAY, FEBRUARY 17, 1998

857

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$
Operating Expense/Payments to Medical College of Georgia .....................................................................................$
Regular Operating Expenses for Projects and Insurance ......................................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................}

67,500 14,158,810
686,260
7,420,422
498.100 28,730,884 20,481,548

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

$

21,259,462

7.471.422

28,730,884

15,548,518 4,933,030 20,481,548

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....................................................................?

10.918.457 8,826,969
407,287 111,345
0 5,160 315,919
1,079,835 166,902 195,040
0 11,108,457 10,918,457

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) ...................................................$
$

535,020,426 35.000.000 570,020,426

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) ...........................................................$ Motor Fuel Tax Funds (New) .......................................................$
$

26,104,602 0
26,104,602

Section 38. Provisions Relative to Section 3, Judicial Branch. The appro priations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating

858

JOURNAL OF THE HOUSE,

the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 39. Provisions Relative to Section 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 Adminis trative Services.

Section 40. Provisions Relative to Section 7, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Warner Robins City of Atlanta
Whitfield County
Richmond County
Bibb County
Muscogee County
Clark County
Fulton County Development Authority
City of Albany Effingham County Board
of Education

Operating funds for the Aviation Museum
Operation of the School of Library and Information Services Graduate Program Clark Atlanta University
Funds for Automated Fingerprint and Information System in Whitfield County
Funds for Automated Fingerprint and Information System in Richmond County
Funds for Automated Fingerprint and Information System in Bibb County
Funds for Automated Fingerprint and Information System in Muscogee County
Funds for Automated Fingerprint and Information System in Clark County
Funds for Fulton County Development Authority for a business assistance project
Funds for the planning and design of the Flint River Center
Media Centers for Effingham County School System

$ 90,000
$ 325,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 525,000 $ 1,447,727 $ 40,000

Cobb County
Cobb County
Cobb County
City of Lilburn
City of Jeffersonville
Jones County
Jefferson County
DeKalb County
Fulton County
City of Quitman
Echols County Board of Education
City of Kennesaw
City of Pearson
City of Willacoochee
City of Clarkston City of Warner
Robins
Tattnall County Board of Education
Pike County
Newton County
Fulton County
DeKalb County Board of Education
DeKalb County
DeKalb County
DeKalb County Murray County
Columbia County
McDuffie County
Henry County Atlanta-Fulton Public
Library Foundation

TUESDAY, FEBRUARY 17, 1998
For Campbell High School athletic facility
Computer Equipment for King Springs Elementary
Operation of the Blind and Low Vision Program
Park improvements for the City of Lilburn
Improvements to City of Jeffersonville facilities
Equipment for the Jones County Fire Department
Purchase computers for Jefferson County Sheriffs Department
Operating Funds for Southeast YMCA
Operation of St. Judes Recovery Center
Improvements to City of Quitman City Park
Repairs to Echols County High School gymnasium
Improvements to baseball stadium in City of Kennesaw
Improvements to City of Pearson recreational facilities
Improvements to Willacoochee City Hall
Repairs to Clarkston City Hall Mission Quest Flight Simulator
Center at the Museum of Aviation Operation of Tattnall County Health Outreach Program Construction of tennis courts for Pike County Purchase recreation equipment for Newton County Operation of Fulton County Horticulture Program Operation of Forest Hills Elementary School after school program Operation of Midway Park Little League Program Operation of The Arts Exchange Summer Camp Operation of South DeKalb Choir Construction of Murray County Animal Shelter Operation of Columbia County Historical Society
Operation of McDuffie County Historical Society
Paving for Hidden Valley Park
Purchase computer equipment and materials for Roswell

859

$

5,000

$ 15,000

$

5,000

$ 10,000

$ 20,000

$ 20,000

$ 20,000

$ 30,000

$ 25,000

$ 30,000

$ 20,000

$ 20,000

$

7,500

$$

7,500 10,000

$ 450,000

$ 10,000

$ 25,000

$

5,000

$ 10,000

$

3,000

$

3,000

$

4,000

$

5,000

$ 15,000

$

7,500

$

7,500

$

5,000

860
DeKalb County Gwinnett County Troup County Coweta County
City of Tignall
Fulton County Hall County Cobb County Board
of Education Bacon County City of Tybee City of Berlin Macon County Gwinnett County Board
of Education Wilkes County Clarke County City of Dalton Cobb County
City of Kennesaw City of Acworth Wilkes County Cobb County Board
of Education City of Hazelhurst City of Augusta
Lamar County City of Trenton City of Lafayette
Walker County

JOURNAL OF THE HOUSE,
Regional Library Operation of the Youth Prevention
Program Construction of Fallen Heroes
Park Monument Operation of Troup-Harris-Coweta
Regional Library Coweta County playground
equipment for handicapped children Purchase fire department equipment for City of Tignall Operation of Fulton County Library Foundation - Roswell Operation of Hall County Humane Society Outdoor classroom for Cobb County School System Operation of Bacon County Airport Tybee Island Lighthouse Operating Expenses for the City of Berlin For the Macon County Public Safety and Civil Defense Facility Equipment for Meadowcreek High School Purchase Equipment for Wilkes County EMS Operation of the Athens-Clarke County after school program Operation of the Northwest Georgia Girls Home Construct physical education facility at Pebblebrook High School Renovation of Old Fire Station in recreational facility Renovation of Acworth Coats and Clark Ballfield Wilkes County Airport Development Construction of South Cobb High School Athletic Field House Construct an asphalt recycling plant in Hazelhurst Plan and design of the renovation of the Warren A. Candler Building Construct an agricultural livestock facility Renovation to convert Trenton City pool to indoor pool Construction of bathroom
facilities and recreation improvements for City of Lafayette Recreation Department
Renovation to ball fields for

$ 20,000

$

5,000

$ 25,000

$

5,000

$

5,000

$ 5,000 $ 20,000 $ 5,000 $ 15,000 $ 5,000 $ 5,000 $ 5,000 $ 7,000 $ 25,000 $ 5,000 $ 20,000 $ 30,000

$ 35,000 $ 10,000 $ 10,000 $ 35,250 $ 75,000 $ 250,000

$ 950,000 $ 300,000 $ 10,000

$ 15,000

Walker County City of Chickamauga City of Fort
Oglethorpe Murray County
Lumpkin County
Gilmer County Fannin County Rabun County Union County Towns County White County White County City of Fairmont Gordon County
Gordon County
City of Adairsville
City of Cave Spring
City of Bremen City of Buchanan City of Tallapoosa City of Waco Haralson County Hall County Stephens County City of Toccoa

TUESDAY, FEBRUARY 17, 1998
Naomi Community Wallaceville Community Center
operations Renovation of park at
Crawfish Springs Fort Oglethorpe fire department
improvements and community downtown project Remodeling of the Chamber of Commerce Building in City of Chatsworth Construction of natural gas lines to Lumpkin County Industrial Park Restore and microfilm Gilmer County court records Renovate Fannin/Gilmer County Humane Shelter Equipment and operations for Mountain City, Youth and Rescue Recreation concession stand for Union County To Purchase an emergency generator for Towns County Operation of White County Recreation Board Operation of White County Library To purchase frontend loader for City of Fairmont Purchase of van for transport of clients to Gordon County Training Center Calhoun-Gordon County Council on Battered Women, Inc. for repairs and ADA improvements to Battered Women's Shelter Renovations and repairs to the City of Adairsville Police Department Replacement of Cave Spring sewer lines and repairs to water system in Rolator Park Operation of recreation program at City of Bremen Operation of recreation program at City of Buchanan Operation of recreation program at City of Tallapoosa Operation of recreation program at City of Waco Operation of recreation program at Haralson County Construction of new shelter for Hall County Humane Society
Operation of Northeast Georgia Boys and Girls Club
Equipment for Police Department

861 $ 10,000 $ 10,000 $ 10,000

$ 10,000

$ 25,000

$ 20,000

$ 25,000

$ 10,000

$ 50,000

$ 15,000

$ 14,000

$ 17.500

$

6,500

$ 24,000

$ 26,000

$ 10,000

$ 25,000

$ 50,000

$ 15,000

$ 15,000

$ 15,000

$ 15,000

$ 15,000

$ 50,000

$

5,000

862
Banks County
Stephens County
City of Bowereville
City of Franklin Springs
City of Canon Hart County Board
of Education
Franklin County Board of Education
City of Kingston
City of Smyrna
Cobb County Board of Education
City of Smyrna
Cobb County
City of Marietta
City of Marietta
City of Acworth
City of Kennesaw
City of Kennesaw
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
City of Alpharetta
City of Alpharetta

JOURNAL OF THE HOUSE,
for City of Toccoa Operation/equipment for Banks
County volunteer fire department Equipment for fire, recreation
and sheriffs departments of Stephens County Operation of water system City of Bowersville Improvements to City of Franklin Springs water system City of Canon park improvements Purchase of uniforms and equipment for Hart County High School band Replacement of boiler and equipment for cannery in Franklin County Completion of annex to Kingston Women's Club Museum City of Smyrna for operation of blind/low vision services King Springs Elementary Schoolpurchase computer and technology equipment Restoration and preservation of historical site in Smyrna Operation of Cobb County Youth Museum Marietta Museum of History-repairs to historical building Maintenance plan for grounds at Marietta Confederate Cemetary For recreation fields and parking lots at Pop Willis Field in City of Acworth Improvements to railroad crossings in City of Kennesaw Design and renovation of Old Kennesaw Elementary School Construction of outdoor classroom for Blackwell Elementary School Purchase computers for Sprayberry High School Lassiter High School-improvements to restroom facilities in stadium and physical education fields Additional lighting in hallways and gym for Daniell Middle School Paving at Lassiter High School stadium and girls' softball field Construction of a building for the Alpharetta Environmental
Education Center Equipment and renovations for
Alpharetta Police Youth Athletic
League

$ 15,000 $ 10,000

$ 30,000
$ 10,000
20,000 20,000

20,000

$

5,000

$ 25,000

$ 10,000

15,000 25,000 25,000 10,000 25,000

25,000 9,000 20,000 10,000 10,000

$ 10,000 $ 10,000 $ 10,000
$ 25,000
$ 10,000

Fulton County Schools
Fulton County Fulton County Fulton County City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of East Point DeKalb County City of Clarkston
City of Atlanta
DeKalb County
DeKalb County
DeKalb County Board of Education
DeKalb County Board of Education
City of Decatur
DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County

TUESDAY, FEBRUARY 17, 1998
Renovation and improvements to outdoor environmental education classrooms at Dolvin and Finley Oaks elementary schools
Expansion and renovation of the Williams-Payne Museum
Operation of Georgia Council for the Hearing Impaired, Inc.
Operation of ACHOR Center Operation of Basketball, Inc.
after school tutorial program Operation of West Hunter St.
Baptist Church after school tutorial and athletics program To operate Beulah Baptist Church Saturday School Tutorial Renovation of House of Hope Mission Operation of Springs of Life Family Life Program To operate City East Point swimming pool Repair of storm water pipes at Zonolite Drive Industrial Park Renovation of Arts and Cultural Center at Old Clarkston High School Renovate facilities, purchase recreation equipment and operate after school tutorial/care at East Atlanta YMCA Repairs for Shoal Creek Park field house and installation of bleachers at Little League Park To assist various DeKalb County communities with beautification clean up To operate the School of Excellence-Star Jacket Awards Program and replace old gym equipment at Columbia High School Purchase of instruments for Towers High School Band To operate Decatur Arts Academy summer programs for middle school youth Feasibility study for DeKalb County Convention Center Operation of South DeKalb Community Development Corporation To operate and equip the Royal Ambassadors Program Operation of Gresham Park
Baseball and Softball Association To furnish the Comprehensive
Addiction Rehabilitation Program
medical clinic

863
$ 15,000 $ 15,000 $ 10,000 $ 50,000 $ 40,000
$ 25,000 $ 10,000 $ 40,000 $ 35,000 $ 50,000 $ 20,000
$ 35,000
$ 50,000
$ 18,000
$ 15,000
$ 5,000 $ 5,000
$ 10,000 $ 40,000 $ 5,000 $ 5,000 $ 25,000
$ 5,000

864
Gwinnett County Board of Education
Gwinnett County Board of Education
City of Duluth
City of Buford
Gwinnett County
Gwinnett County
City of Social Circle Clarke County Board
of Education Clarke County Board
of Education Clarke County
City of Athens
Clarke County
Clarke County
City of Tignall
Lincoln County
WOkes County Board of Education
Lincoln County
Morgan County
Newton County
Newton County
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education

JOURNAL OF THE HOUSE,
Renovation and expansion of Parkview High School Stadium
Operation of Meadowbrook High School athletic fields
Develop and complete recreational fields at Duluth City Park
Grading for new school in City of Buford
Physical education facilities at Lanier Middle School
Operation of North Gwinnett Girls' Softball Field
Renovation at historic Gunter Hall Operation of Safe Campuses
Now Foreign language classes at David
C. Barrow Elementary School To provide a security fence at
Hope Haven facility in Clarke County To operate Project Grand Slam in Clarke County Athens Tutorial Program after school activity Operations of The Creative Visions Foundation, Inc. Repair/renovation of City of Tignall community center Fence/restoration of log cabin in Lincoln County historical park Lighting for Wilkes County High School baseball field Planning for Lincoln County Economic Development Operation of Agricultural Center in Morgan County Renovation to historic Gaither Plantation Playground equipment for Newton County Operating funds for athletic program at Riverdale Middle School To purchase band uniforms at North Clayton High School Playground equipment for Church St Elementary School Playground equipment-Northcutt Elementary School Operating funds for athletic program and band uniforms for Riverdale High School Playground equipment-E.W.
Oliver Elementary Operating funds for athletic
program-North Clayton High School
Playground equipment for West Clayton Elementary School

$ 35,000

$ 25,000

$ 40,000

$ 20,000

$ 15,000

$$

25,000 7,000

$ 40,000

$ 25,000

$ 12,000

$

5,000

$ 15,000

$ 10,000

$

5,000

$ 15,000

$ 20,000

$ 20,000

$ 100,000

$ 50,000

$

5,000

$ 5,000

$ 10,000

$ 5,000

$

5,000

$ 10,000

$

5,000

$ 10,000

$ 5,000

Clayton County Board of Education
Clayton County Board of Education
Clayton County
Clayton County Carroll County Board
of Education Carroll County Board
of Education Carroll County
Coweta County City of Newnan City of McDonough
Henry County
City of Stockbridge
Butts County
City of Flovilla
City of Locust Grove
City of Culloden Jasper County Board
of Education City of Monticello
Putnam County Recreation Authority
Oglethorpe County Greene County
City of Harlem
Columbia County
City of Harlem
Columbia County

TUESDAY, FEBRUARY 17, 1998
Playground equipment for Riverdale Elementary School
Operating funds for athletic program at North Clayton Middle School
Operation of Alzheimers home in Clayton County
Operations of Calvary Refuge Homeless Shelter
Operations of athletic complex at Villa Rica High School
Operations of athletic complex at Mt. Zion High School
Operations of athletic complex at Carroll County Recreation Department
Purchase of eight defibrillators for Coweta County Fire Department
To restore railroad depot for Newnan-Coweta Historical Society
Infrastructure improvements for stormwater drainage for City of McDonough
Lighting and asphalt paving on tennis courts at Hidden Valley Park
New park facility for City of Stockbridge
Purchase video cameras and radar for Butts County sheriff department
Install emergency generator in City of Flovilla Fire Department
Purchase in-car cameras for patrol cars for City of Locust Grove
Culloden community center/ historic schoolhouse renovation
Jasper County athletic facility renovations and band uniforms
City of Monticello park construction/equipment and downtown historic renovations
Improvements to recreation facilities in Putnam County
Renovation to Shaking Rock Park
Renovation to historic Greene County jail
Renovation and beautification to entrance ways to City of Harlem
Purchase playground equipment for Westmont Elementary School
Purchase equipment for City of Harlem
Lights for Lakeside High School baseball field

865
5,000
5,000 75,000 25,000 10,000 10,000
25,000 20,000 10,000
10,000
$ 10,000 $ 10,000
$ 14,500 $ 20,000
$ 24,000 $ 25,000 $ 30,000
$ 30,000 $ 7,500 $ 7,500 $ 65,000 $ 10,000 $ 5,000 $ 10,000 $ 25,000

866
Columbia County Columbia County Board
of Education Richmond County Richmond County Board
of Education Richmond County
Richmond County Board of Education
Richmond County Richmond County City of Augusta City of Waynesboro City of Augusta City of Augusta
City of Augusta Richmond County Board
of Education Glascock County Warren County
Glascock County Glascock County
City of Gibson Hancock County City of Sparta Washington County Jefferson County Baldwin County Baldwin County Baldwin County

JOURNAL OF THE HOUSE,
Playground equipment for Riverside Park
Landscaping to repair erosion at Bel Air Elementary School
Renovation to marshal's substation Equipment for CSRA Law
Enforcement Training Center Conservation treatment for
sixty-two flags and banners in Augusta-Richmond County Museum Purchase a marquee and improve drainage of baseball field of Westside High School in Richmond County To build a portico onto the Woodrow Wilson House Operation of Easter Seals in Richmond County Operation of Woodrow Wilson historic home Improve historic/commercial district of City of Waynesboro Operation of health program at Beulah Grove Resource Center Operation of Augusta - Richmond Opportunities Center after school program To construct a recreation complex in east Augusta Purchase playground equipment for Hephzibah Elementary School Operations of the Glascock County recreation department Warren County EMS radio equipment and two external defibrillators Glascock County to purchase radar and intoximeter Purchase two external defibrillators for Glascock County EMA Purchase and equip surplus vehicle for City of Gibson Operate Hancock County recreation programs and summer day camp City of Sparta equipment to lower fire rating Purchase a Washington County fire truck Purchase of land for a Jefferson County park Improvements at Baldwin recreation department
Equipment for new fire station in Baldwin County
Design/construct Milledgeville/
Baldwin County 2000+ project

25,000 5,000 15,000 5,000
15,000
$ 5,000 $ 5,000 $ 10,000 $ 100,000 $ 50,000 $ 25,000
$ 25,000 $ 50,000 $ 5,000 $ 10,000
$ 10,000 $ 10,000
$ 3,000 $ 10,000 $ 10,000 $ 10,000 $ 40,000 $ 100,000 $ 50,000 $ 25,000 $ 20,000

City of Jeffersonville Jones County City of Gordon
Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Peach County
Peach County Meriwether County Meriwether County Talbot County City of Columbus City of Columbus
Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County City of Columbus Muscogee County
Muscogee County Muscogee County Muscogee County City of Americus City of Americus Crisp County

TUESDAY, FEBRUARY 17, 1998
Develop and plan for addition to Jeffersonville fire station
Replace fire trucks in Jones County
Renovation/restoration of old railroad depot in City of Gordon
Operations of Disabilities Connection
Operation of Hay House Operation of Middle Ga. Council
on Drugs Operation of Harriet Tubman
Museum Operation of Macon Little League Operation of Booker T. Washington
Center Relocation of waste water lift
station and sewer lines in Peach County for City of Byron Study to determine water and sewer needs of Peach County Operate and equip Meriwether County recreation program Operate/designate FDR/Warm Springs Welcome Center Operation of Project Stars in Talbot County Columbus Community CenterOperation of Outreach Program City of Columbus operation of Play and Learn Together Program Operation of Bridge Program (GED) Operation of Summer Tutorial program combined communities Operation of youth and recreation facility Operation of Easter Seals of West Georgia, Inc. Operation of Springer Opera House Operation of Boys Club of Columbus, Inc. outreach program Operation of Columbus Consolidated Government/Records Management Center Operation of Two Thousand Opportunities Inc. Operation of Liberty Theater Operation of A.J. McClung YMCA after school program
City of Americus parks renovation Renovation of Rylander Theater
in City of Americus
Repair and renovation of the Cordele Little Theater

867
$ 20,000 $ 20,000
$ 60,000 $ 50,000 $ 30,000 $ 15,000 $ 25,000 $ 15,000 $ 15,000
$ 75,000 $ 25,000 $ 40,000 $ 10,000 $ 25,000 $ 30,000
$ 15,000 $ 25,000 $ 25,000 $ 5,000 $ 40,000 $ 75,000 $ 120,000
$ 110,000 $ 50,000 $ 75,000 $ 25,000 $ 25,000 $ 75,000 $ 25,000

868
City of Unadffla
City of Hawkinaville
Pulaski County
Macon County Board of Education
Houston County
Bleckley County Board of Education
City of Rentz
Dodge County Board of Education
Bleckley County
Dodge County
City of Rhine
City of Milan
Dodge County
Dodge County Board of Education
Laurens County Board of Education
City of East Dublin
City of Dudley
Emanuel County
Emanuel County
City of Kite
Truelten County Board of Education
City of Twin City
City of Swainsboro
City of Wrightsville
Candler County
Bullock County
City of Statesboro

JOURNAL OF THE HOUSE,
Improvement to City of Unadilla wastewater treatment operation
Purchase equipment and computers for Hawkinsville library
Study of consolidation of city/county government in Pulaski County
Funds to address and map Macon County
Operation of Perry/Houston County Airport
Construction of tennis courts in Bleckley/Cochran County
Water, sewer and land for new schools in City of Rentz
Band uniforms for Dodge County school
Operation of Bleckley County Sheriffs Department
Operation of Eastman/Dodge County Arts Council
Repair to City of Rhine Community Center
Water and sewer for City of Milan
Purchase computer equipment for Dodge County
Construct softball fields for Dodge County schools
Replacement of wrestling mats at East Laurens, West Larens and City of Dublin high schools
Improvements to water and sewer systems in City of East Dublin
Funds to purchase land, water and sewer for City of Dudley
Purchase equipment for library in Emanuel County
Improvements to Emanuel County auditorium and recreation complex
Improvements to City of Kite recreation complex
Renovation and improvements to Treutlen County auditorium athletic complex
Improvements to Twin City community center
Renovations to Swainsboro City Hall
Improvements to Wrightsville recreation complex
Metter/Candler community center - installation of hip roof
Construct Mill Creek Park picnic pavilion with restrooms
Operation of Statesboro Bulloch recreation department

$ 25,000 $ 10,000

$ 25,000

$ 50,000

$ 75,000

$ 50,000

$ 50,000

$ 25,000

$ 7,500

$ 15,000

$

5,000

$

5,000

$ 7,500

$ 15,000

$ 25,000

$ 25,000

$ 50,000

$ 10,000

$ 50,000

$

5,000

$ 10,000

$

7,500

$ 10,000

$

7,500

$ 20,000

$ 20,000

$ 58,000

TUESDAY, FEBRUARY 17, 1998

City of Springfield Effingham County Board
of Education Effingham County Effingham County Effingham County Effingham County City of Guyton City of Savannah City of Savannah Town of Thunderbolt City of Savannah City of Savannah City of Savannah City of Savannah City of Pooler
Chatham County City of Savannah City of Savannah
City of Richmond Hill Evans County Board
of Education Tattnall County Board
of Education City of Vidalia
City of Lyons Montgomery County
Wheeler County Ben Hill County Irwin County Wilcox County

Operation of bi-centennial program in City of Springfield
Establish/improve baseball facilities at Effingham County high schools
Renovation/relocation of one-room school house
Purchase an air bag system setup for Faulkville Community
Purchase a handicap-accessible van for Effingham County
Renovations to the Effingham County Courthouse
Renovate the City of Guyton gymnasium
Roof replacement/renovation of King Tisdell/Beach Institute
Operations of Chatham/Savannah Youth Services Corp
Purchase fire truck for the Town of Thunderbolt
Restoration of steam locomotive Restoration of Old Charity Hospital Restoration of Moses Jackson School Monument in honor of the
the African American Family Renovation/purchase of
recreational equipment for City of Pooler athletic fields To purchase recreation equipment for City of Georgetown Renovation of the Carnegie Library Stabilize and restore structures at Central of Georgia Railway National Landmark Computer hardware for Richmond Hill Public Library Purchase of computer hardware for Claxton Public Library Computer hardware for Glennville Public Library Equip/renovate City of Vidalia recreation fields and playground Equip/renovate Partin Park in City of Lyons Renovate City of Mt. Vernon and Montgomery County recreation areas Equip/renovate Alamo and Glenwood recreation
Equipment for Ben Hill
volunteer fire stations
Display cabinets for artifacts
at Jeff Davis State Park Museum
Operation of Wilcox County

11,000

$ 20,000

$ 5,000

$ 4,000

$ 10,000

$ 20,000

$ 10,000

$ 5,000

$ 25,000

$ 20,000

$$$

25,000 10,000 10,000

$ 5,000

$ 5,000 $ 5,000 $ 25,000

$ 25,000 $ 6,000 $ 6,000 $ 6,000

$ 20,000 $ 20,000

$ 15,000 $ 20,000 $ 10,000 $ 15,000

870
Ben Hill County City of Ocilla Wilcox County
Wilcox County Board of Education
Irwin County City of Sumner City of Sycamore
City of Warwick City of Rebecca Quitman County Board
of Education Randolph County Board
of Education Calhoun County Board
of Education Clay County Board
of Education Chattahoochee Board
of Education Randolph County
City of Cusseta City of Dawson Marion County Board
of Education Webster County Terrell County City of Blakely City of Donalsonville Baker County
City of Albany
Dougherty County

JOURNAL OF THE HOUSE,

rural fire department at

Cedar Creek

$

Softball fields and improvements

at Paulk Park

$

Operation of Ocilla little

league baseball fields

$

Design/construct lighting for

Wilcox County recreation

department little league

ball park

$

Purchase vocational equipment

for Wilcox County High School

$

Equipment for Irwin County

volunteer fire stations

$

Purchase of recreation equipment

for City of Sumner

$

Purchase recreation equipment,

land and improvements for City

of Sycamore

$

Purchase of recreation equipment

$

Repairs and improvements to

City of Rebecca water system

$

Purchase of equipment for

Quitman Community Elementary School $

Repairs to leaks at Randolph/

Clay Middle School

$

Relocation of exhaust fans in

gymnasium at Calhoun Elementary

School

$

Purchase furniture, desks and

new lab computers for new Clay

County Elementary School

$

Purchase media equipment for

Chattahoochee County Education

Center

$

Purchase vehicles for Randolph

County rural public

transportation program

$

Well system for City of Cusseta

$

Equip and operate the Community

Development office

$

Lighting for Marion County

ballfields

$

Expansion of Webster County

Agriculture Education Center

$

Hanger construction at Terrell

County Airport

$

Renovation of historic theater

in Blakely

$

Renovation of Olive Theater

$

Develop age appropriate children's

program

$

Operations of SAFEC-Parenting

classes and after school tutorial

programs and youth apprenticeship

$

Renovate and repair Easter

Seal facility

$

10,000 10,000 15,000
20,000 15,000 10,000 10,000
25,000 10,000 10,000 25,000 20,000
9,000
25,000
65,000
11,150 96,000 25,000 30,000 20,000 25,000 10,000 15,000 20,000
20,000 15,000

City of Baconton City of Doerun Mitchell County Sale City City of Camilla Mitchell County
Mitchell County City of Pelham Tift County City of Norman Park Tift County City of Nashville Cook County City of Nashville City of Enigma City of Sparks City of Lenox Cook County City of Alapaha Coffee County
City of Douglas City of Willacoochee City of Pearson Atkinson County City of Ambrose City of Brozton City of Waycross Ware County Ware County Board
of Education

TUESDAY, FEBRUARY 17, 1998
Purchase equipment and computer upgrades
Renovation of Doerun City Hall Building
Operations of Smart Teens Primary Prevention Program
Purchase computer upgrades and office equipment
Renovate old gymnasium and tennis courts
Construction of shed for fire trucks for Greenough volunteer fire department
Install a new water well for Cotton volunteer fire department
Upgrade City of Pelham recreation facilities
Equipment for Tift County volunteer fire department
Equipment for Norman Park volunteer fire department
Purchase bullet proof vests and drug dog for Tift County sheriff
Construction of sidewalk on West Hull Street
Lighting for little league ball fields in Cook County
Playground equipment for Memorial Park
Repair roof of Senior Citizen Center
Installation of street signs in City of Sparks
Equipment for rural doctors office owned by City of Lenox
Equipment for Alzheimer Day Care Center
Street lighting for City of Alapaha
Equipment for volunteer fire department and an Oak Park zoning plan in Coffee County
Purchase equipment for youth recreational activities
Equipment/repairs of athletic fields Equipment/repairs to athletic fields Comprehensive Atkinson County plan Renovations for .Ambrose City
Hall & Voting Precinct Renovation and computers for
City Hall and Broxton Police Promotion of City of Waycross,
Ware and Pierce County Tourism Funds for recreational programs
in Ware County Pilot program for development
of Consumer Economic Education

871
$ 5,000 $ 20,000 $ 10,000 $ 5,000 $ 25,000
$ 10,000 $ 5,000 $ 25,000 $ 15,000 $ 10,000 $ 10,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 3,000 $ 20,000 $ 3,000 $ 5,000
$ 10,000 $ 15,000 $ 3,000 $ 3,000 $ 20,000 $ 10,000 $ 10,000 $ 10,000 $ 25,000

872
Brantley County City of Patterson City of Alma Pierce County City of Offerman City of Blackshear Bacon County
Charlton County City of Nahunta City of Hoboken Appling County Board
of Education City of Denton Wayne County
Wayne County Appling County
Development Authority Telfair County Jeff Davis County City of McRae Jeff Davis County Jeff Davis County
Jeff Davis County Board of Education
Jeff Davis County City of Bailey Long County Wayne County City of Jesup City of Odum

JOURNAL OF THE HOUSE,
and/or young drivers education for grades 11-12 Operation of Brantley County Construct T-ball field in City of Patterson Tree and bush beautification project City of Alma Operation of Pierce County Lee Street Resource Center Operating expenses for City of Offerman Tree and bush beautification project Operation of Alma-Bacon County Department of Intergovernmental relations St. George Winoker race pond and county beautification project Law enforcement equipment for City of Nahunta Recreation improvements for the City of Hoboken Operation of Alternative School Assistance Operation/equipment for recreation program Operation/equipment for Wayne County Madray Springs Fire Department Operation/equipment for Wayne County K'ville Fire Department Economic development planning Equipment for Telfair County Horse Creek fire department Improvements to the Jeff Davis County Courthouse grounds Improvements to City of McRae City Hall Operation of Jeff Davis County local welcome center Operation of fire department and community center for Snipesville Community Computer networking for Jeff Davis Board of Education Equipment for emergency command vehicle for Jeff Davis County EMS Water and Sewer upgrades for City of Baxley Law enforcement equipment for Long County Construction of animal shelter
in Wayne County Downtown Revitilization for
City of Jesup Repair to Odum City fire
department station

$ 20,000 $ 10,000 $ 5,000 $ 5,000 $ 20,000 $ 5,000 $ 5,000
$ 45,000 $ 5,000 $ 5,000 $ 5,000 $ 15,000 $ 5,000
$ 5,000 $ 5,000 $ 10,000 $ 5,000 $ 5,000 $ 25,000 $ 5,000
$ 10,000 $ 5,000 $ 5,000 $ 25,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000

TUESDAY, FEBRUARY 17, 1998

City of Screven
City of Ludowici
Liberty County
Liberty County
Glynn County
Glynn County
City of St. Marys
City of Hahira Clinch County
Lanier County Board of Education
Lowndes County Chamber of Commerce
Lowndes County
Brooks County
Brooks County
Echols County
City of Lake Park
City of Social Circle
Cobb County City of Tybee Island Tattnall County Board
of Education City of Alapaha City of Georgetown Augusta Housing
Authority City of Senoia City of Mount Zion
City of Atlanta
Cobb County Board of Education
Taliaferro County DeKalb County

Repairs to City of Screven sewage facilities
Repair to City of Ludowici back up water facility
Renovation of buildings at Seabrook Village Foundation, Inc.
Operation of Coastal Medical Assistance Clinic
Improvements to Neptune Park in Glynn County
Repairs to Baldwin Park in Glynn County
Purchase equipment for City of St. Marys
Hahira City Hall renovation Equipment for Clinch County
Emergency Management Renovation on field house
for Lanier County Lowndes County operations of
Drugs Don't Work Program Purchase police equipment and
beautification of historic district of City of Remerton Equipment and operations Brooks County volunteer fire departments Brooks County Museum and Cultural Center replacement of roof and other repairs Echols County Historical Society for repairs to the oldest house in Echols County Rescue boat and equipment for volunteer fire department of Lake Park Acquisition and construction of city park including off street parking for City of Social Circle Restoration of C-130 in Cobb County Renovation of Tybee Lighthouse Purchase of materials for Vo-Ag Facility Purchase Little League equipment Installation of new sewer system Operations of Golden Harvest Food Bank Purchase sewage pump truck Purchase of property for the City of Mount Zion Feasibility study for agri-science program at Carver High School
Purchase lights for Harrison
High School baseball field
Renovation of Locust Grove Cemetery
Operation of DeKalb Historical
Society

873
$ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 20,000 $ 20,000 $ 60,000 $ 25,000 $ 10,000 $ 25,000 $ 10,000
$ 50,000 $ 25,000
$ 30,000
$ 10,000
$ 15,000
$ 25,000 $ 30,000 $ 100,000 $ 15,000 $ 5,000 $ 25,000 $ 20,000 $ 10,000 $ 20,000 $ 10,000 $ 10,000 $ 30,000 $ 15,000

874
DeKalb County Clayton County Board
of Education Clarke County City of Lavonia
Gwinnett County Board of Education
City of Adairsville
Bartow County
City of Austell Gwinnett County Board
of Education City of Homeland
Clinch County
City of Ray City Town of Fargo
Town of Alapaha
City of Nashville
Brantley County
Montgomery County Development Authority
Pierce County
City of Offerman City of Lyons
City of Hoboken
City of Screven
City of Graham
Toombs County Board of Education
Glynn County Dooly County
Clarke County
Oconee County
Bibb County
City of Warrenton

JOURNAL OF THE HOUSE,
Operation of South DeKalb Incubator Operation of Project
Decision Operations of Safe Campuses Now Construction of multi-purpose
recreation field Construction of athletic facility
at Collins High School Purchase equipment for Folsom
volunteer fire department Purchase equipment for Pine Log
volunteer fire department Purchase computer equipment Renovation of athletic field
facilities at Parkview High School Purchase land/construct emergency
access on US#1 overpass for emergency vehicles Purchase aircraft for Clinch County Sheriffs Department for locating marijuana fields Repairs to Ray City water well Purchase of equipment to establish a community library Construction of a fence and drainage system for existing park Repairs to Berrien County Courthouse Square Purchase of equipment for volunteer fire department to be shared by both Brantley and Pierce Counties Operations of Montgomery County Development Authority Equipment/computers for Pierce County Resource Center for "At Risk" students studying for GED Purchase equipment for City Hall Purchase recreational equipment for Partin Park Purchase lights and equipment for ball field Paint and repair City of Screven City Hall Extension of city sewer line for City of Graham Purchase land for parking lot for high school football stadium Operations of SHARE Operation of State of Georgia Cotton Museum Operations of Food Bank of NE Georgia Improvement to facilities at
recreation fields Renovation and purchase equipment
for Kings Park Recreation Park
Construct fencing/lighting

$ 10,000

$$

30,000 40,000

$ 25,000

$ 50,000

$ 10,000

$$

10,000 35,000

$ 50,000

$ 20,000

$ 10,500 $ 11,000 $ 19,375 $ 12,500 $ 20,000

$ 15,000 $ 10,000

$ 12,000

$

5,000

$ 10,000

$

5,000

$

5,000

$

5,000

$ 35,000 $ 25,000

$ 25,000

$ 25,000

$ 10,000

$ 25,000

Oglethorpe County City of Lincolnton Hall County
Richmond County
McDuffie County Richmond County
Richmond County
Richmond County
City of Avera
City of Euharlee
Paulding County Board of Education
City of Aragon City of Cartersville
City of Dallas City of Rockmart
City of Cedaitown City of Atlanta
Treutlen County Board of Education
Emanuel County
Wheeler County City of Milledgeville
Hancock County City of Milledgeville
City of Milledgeville
City of Monticello
City of Cusseta Muscogee County
Muscogee County
Gwinnett County
DeKalb County DeKalb County

TUESDAY, FEBRUARY 17, 1998
for new recreation area Renovation of recreation facilities Repairs to storm sewer project Renovations/construction Challenged
Child Inc. Purchase of property for
Southeastern Firefighters Burn Foundation Construction of Fire Safety House Lighting for West Augusta Little League Lighting for Master City Little League Operations of Hope House for Women Purchase air packs for volunteer fire department Restore and preserve historic city buildings Renovate/improve field house at Paulding County High School Operations of the athletic program Operations of arts/recreation program Construction of historic museum Construction of pavilion at Rockmart Northwest Park Operation of athletic program Operation of Outdoor Activity Center Construction of restrooms for baseball field Improvements to city/county auditorium and recreation complex Recreation facilities Restoration of Griffin-Baugh Cottage Purchase fire fighting equipment Roof repairs on education center of Boys and Girls Club of City of Milledgeville Operations and purchase of equipment at Rape Crisis Center of Milledgeville Purchase equipment for Get Ahead House after school tutoring and parenting program Construct new well Operations of Rediscovery in Muscogee County Operations of Southwest Against Drugs Operations of Coiling Hill Athletic Association Softball
program of Gwinnett County Operations of The Winning Circle
Operation of Scottdale Youth

875
$ 15,000 $ 5,000 $ 15,000 $ 50,000
$ 25,000 $ 3,500 $ 12,000 $ 12,000 $ 20,000 $ 5,000 $ 20,000 $ 60,000 $ 5,000 $ 20,000 $ 10,000 $ 15,000 $ 10,000 $ 40,000 $ 25,000 $ 25,000 $ 25,000 $ 12,000 $ 10,000
15,000
15,000
5,000 75,000 20,000 15,000
15,000 20,000

876
DeKalb County
Effingham County Effingham County
City of Manassas City of Statesboro
Evans County Recreation Authority
Jenkins County
Statesboro Airport Authority
Screven County Airport Authority
City of Leesburg City of Byron City of Andersonville City of Montezuma Taylor County Board
of Education City of Marshallville City of Plains
Peach County City of LaFayette Dade County Chattooga County Fulton County Fulton County Fulton County Chatham County Chatham County
City of Thunder Liberty County

JOURNAL OF THE HOUSE,
Athletic Association Purchase supplies/equipment for
Redan Park Athletic Program of DeKalb County Improvements to athletic field Construct handicap access walk for hospital and nursing home in Effingham County Purchase of city water pump Purchase computer work stations and wiring for Statesboro Regional Library Expansion of ball fields and play areas Materials for enlarging Jenkins County Agriculture Education Center Improvements to Statesboro airport Resurface runway at Screven County Airport Installation of traffic signals for City of Leesburg Water system for the City of Byron Operations of Historic Andersonville Trail Construct sidewalk for City of Montezuma Construct athletic complex for Taylor County schools Paving to Felton Memorial Cemetary Construct building addition to City of Plains police/fire department Construct fire department annex on Fort Valley State College campus Repair and restore Gordon Hall at Chattooga Academy Construct all-purpose pavilion at park Purchase equipment to enhance 911 system Operation of Kidsgym USA, Inc. Operation of Promise Children's Home, Inc. Operation of "Listen Up" drug program Renovate Old YMCA Building for community center Operation of Mighty Eighth Air Force Museum
Construction of restrooms at W.E. Waterfront Park
Operations of Coastal Medical
Assistance Clinic

10,000
$ 5,000 $ 20,000
$ 5,000 $ 7,000
$ 10,000 $ 25,000
$ 25,000 $ 15,000 $ 20,000 $ 50,000 $ 50,000 $ 10,000 $ 68,800 $ 50,000 $ 10,000
$ 25,000 $ 70,000 $ 20,000 $ 30,000 $ 30,000 $ 50,000 $ 15,000 $ 10,000 $ 400,000 $ 55,000 $ 70,000 $ 16,000

Long County
Liberty County City of Pembroke Mclntosh County Board
of Education Glynn County Cobb County Board
of Education Meriwether County Madison County Board
of Education City of Arcade Floyd County Floyd County White County Rabun County Union County DeKalb County Fulton County DeKalb County City of Decatur Chatham County
Whitfield County
Grady County Grady County Thomsville Board
of Education City of Donalsonville City of Blakely
City of Bainbridge
City of Blue Ridge
Fannin County

TUESDAY, FEBRUARY 17, 1998
Construction of an additional ball field with lights and fence for recreation department
Upgrade athletic equipment to meet safety standard requirements
Renovation of recreational park in the City of Prembroke
Purchase football field lighting for Mclntosh County school
Renovations/improvements to Ellis Point Park
Pilot project for "Reading Fluency Intervention
Renovate building for Warm Springs Welcome Center
Construction of high school tennis courts
Operations of City of Arcade Operations of Camp Good Times
(Summer Day Camp) Operations of 100 Black Men,
mentoring program Construction of ADA compliant
swimming pool Purchase equipment for volunteer
fire department Renovation of Union County
Courthouse Field acquisition for Georgia
Soccer Foundation Operation of St Jude Recovery
Center for Women of Fulton County Roof renovation at Elaine Clarke
Activity Center Operation of Decatur Neighborhood
Playhouse Building renovation for Turning
Point Parent & Child Inc. of Chatham County Improvements to joint sewer service in Whitfield County and City of Dalton Construction of volunteer fire department Renovation of Historical Society facility Improvements for Thomasville City School's track Purchase of computer hardware Construction of recreation field for the City of Blakely and Early County
Construction of sidewalk in Willis Park
Improvements to fence and lighting for City Park
Planning/design for civic center

877
$ 30,000 $ 20,000 $ 25,000 $ 25,000 $ 20,000 $ 50,000 $ 50,000 $ 20,000 $ 35,000 $ 15,000 $ 10,000 $ 20,000 $ 5,000 $ 50,000 $ 30,000 $ 25,000 $ 15,000 $ 6,000
15,000
25,000 10,000 20,000 15,000 20,000
$ 15,000 $ 10,000
$ 25,000

878
Fannin County Forsyth County Board
of Education Gwinnett County Board
of Education Fulton County
City of Morrow City of Lake City City of Jonesboro City of Riverdale City of Forest Park Telfair County City of Rhine City of Alma City of Nicholls City of Smyrna Terrell County City of Dawson Catoosa County City of Dalton Fulton County
Fulton County
Fulton County Cobb County
City of Marietta Richmond County DeKalb County DeKalb County DeKalb County Fulton County Thomas County

JOURNAL OF THE HOUSE,
and auditorium Install public address system in
Fannin County Courthouse Renovation of two classrooms
for science labs Construction of high school
football stadium Repairs to drainage system and
purchase of equipment for Grant Park Learning Center Improvements to City of Morrow park Improvements to Lake City park Improvements to City of Jonesboro park Improvements to City of Riverdale park Improvements to downtown revitalization project Interior renovations for County Courthouse Renovation of City of Rhine Community Center Purchase Jaws of Life for fire department Assist with downtown beautification project and operating expenses Operation of "Blind and Low Vision Center" Construction of airport hangar in Terrell County Restoration of Old Carnegie Library Lighting for Mattox recreation complex Operation of North West Georgia Girls Home Operation of Sickle Cell Center at Hughes Spalding Children's Hospital Renovate Southwest Hospital & Medical Center to meet ADA requirements Operation of Grady First Steps program Purchase van for mental retardation services to be shared by Cobb and Douglas Counties Operation of Civil War Museum Operation of community based programs Operation of the Arts Station Operation of DeKalb Juvenile Court
Sex Offender Program Operation of Our House Operation of Providence Learning
Center "At Risk" School Program
Operation of Halcyon Home

$ 15,000 $ 5,000 $ 20,000 $ 55,000
$ 18,500 $ 7,500 $ 7,500 $ 7,500 $ 7,500 $ 20,000 $ 25,000 $ 20,000 $ 7,500 $ 20,000 $ 15,000 $ 50,000 $ 35,000 $ 40,000 $ 20,000
20,000
20,000
60,000
20,000 30,000
120,000 10,000
30,000
10,000
$ 165,387

TUESDAY, FEBRUARY 17, 1998

879

Coweta County
City of Warm Springs
Clay County City of Athens
Irwin County
City of Hawkinsville Pulaski County
Blakely County
City of Centerville City of Milan
Houston County
City of Cave Spring
Carroll County Board of Education
City of Conyers
City of Trion
Murray County
City of Atlanta
Gwinnett County Board of Education
Atlanta Board of Education
Wilkinson County
City of Valdosta
City of Atlanta Appling County Board
of Education City of Augusta City of Augusta

(Battered Women's Shelter) Purchase defibrillators for
fire department Design of new building for
Good Shepherd Therapeutic Center Operate recreation park for children Improvements to Cedar Shoals High
School running track surface Purchase equipment for Holt/Lax
volunteer fire department Restoration of Opera House Renovation of Pulaski
County Courthouse Renovation of Blakely
County Courthouse Construction of fire house Improvements to water and
sewer system Operations and training for Houston
County volunteer fire department Renovation/construction at
Rollader Park Additions to Temple High
School Stadium Purchase playground equipment for
Pine Street Elementary School Design/construct ballfields in
City of Trion Purchase of van for Murray County
Senior Citizen Center Operation of Metro Atlanta Respite
and Developmental Services Operation of Shilo High
School Stadium
Operation of Miles Community Center Expansion of the Basic Adult
Education Center Operation of the South Georgia
Medical Center Operation of Carver High School Remediation of fire code violations
in Appling County schools Operation of Lucey Laney Museum Operation of Augusta Opera House

$ 45,000

$ 15,000

$ 10,000 $ 50,000

$ 40,000

$

5,000

$ 10,000

$ 50,000

$ 50,000 $ 100,000

$

5,000

$ 25,000

$ 20,000

$ 25,000

$ 50,000

$ 25,000

$ 25,000

$ 50,000

$ 30,000

$ 40,000

$ 50,000

$ 100,000 $ 200,000

$ 100,000 $ 24,000 $ 16,000

Section 41. Provisions Relative to Section 10, State Board of Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,925.22. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.

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Section 42. Provisions Relative to Section 15, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such trans
fers shall not require prior budgetary approval. 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 allo cation or 90% of their base year hospital utilization funding (whichever is less) to pur chase 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
specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to
Article 6, and may be used to match federal funds which are available for such purposes. Medicaid formulary restrictions, including prior authorization, shall be based on the
individual patient's clinical and medical criteria and on cost-effectiveness. Adjust nursing home reimbursement rates effective April 1, 1998 using the June 30,
1996 cost reports plus the appropriate DRI index in accordance with the existing reim
bursement methodology. Provided, that of the funds made available to the Department, $86,050 is designated
to initiate an over the counter nicotine replacement medication program effective April 1, 1998.

Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $137.00 per bud geted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1998 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 1998 shall not exceed 8.66%.

Section 45. Provisions Relative to Section 23, Department of Natural
Resources. Provided, that to the extent State Parks and Historic Sites receipts are real ized in excess of the amount of such funds contemplated in this Act, the Office of Plan ning and Budget is authorized to use up to 50 percent of the excess receipts to supplant

TUESDAY, FEBRUARY 17, 1998

881

State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 46. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institu tions.
Section 47. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section DC, 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.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that of the appropriation for the Special Airport Development Program, funds not utilized for the initial tier of airport upgrades and improvements shall be used first for Greene County and Houston County airport improvements as the department may designate.
Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1998, 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) and for State mental health/mental retar dation institutions ($9,348,000) in the Department of Human Resources; and there is

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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 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the

TUESDAY, FEBRUARY 17, 1998

883

1998 Regular Session, except as provided, however, the Director of the Budget is autho rized to make internal transfers within a budget unit between objects, programs and activi ties 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 appropria tion of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. 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 accounts 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)", $956,340 is specifi cally appropriated for the purpose of financing projects and 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 $4,140,000 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)", $346,500 is specifi cally appropriated for the purpose of financing projects and facilities for the Georgia Ports

884

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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 $1,500,000 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)", $900,315 is specifi cally appropriated for the purpose of financing the George L. Smith II Georgia World Con gress Center Authority projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,530,000 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)", $1,710,000 is specif ically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewerage 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)", $427.500 is specifi cally appropriated for the purpose of financing projects and 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 $5,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $11,542,500 is spe cifically appropriated for the purpose of financing projects and facilities for the Depart ment 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 $135,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $295,830 is specifi cally appropriated for the purpose of financing projects and 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 $3,460,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $171,000 is specifi cally appropriated for the purpose of financing projects and 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 $2,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $218,025 is specifi cally appropriated for the purpose of financing projects and 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 connec tion therewith, through the issuance of not more than $2,550,000 in principal amount of

TUESDAY, FEBRUARY 17, 1998

885

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)", $46,200 is specifi cally appropriated for the purpose of financing projects and 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 $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $846,621 is specifi cally appropriated for the purpose of financing the Georgia Agricultural Exposition Center projects and facilities for the Department of Natural Resources, by means of the acquisi tion, 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 $9,902,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of two hundred and forty months. From the appropriation designated "State General Funds (New)", $231,000 is specifi
cally appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement,
or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,282,500 is specif ically appropriated for the purpose of financing projects and facilities for the Department
of Juvenile Justice, 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 $15,000,000 in principal amount of General Obliga
tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $136,800 is specifi cally appropriated for the purpose of financing projects and 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 $1,600,000 in principal amount of General Obliga
tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $85,500 is specifi cally appropriated for the purpose of financing projects and 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 $1,000,000 in principal amount of General Obliga
tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $342,000 is specifi cally appropriated for the purpose of financing projects and 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 Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $171,000 is specifi cally appropriated for the purpose of financing projects and facilities for the Department

886

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of Agriculture, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,419,726 is specif ically appropriated for the purpose of financing educational facilities for county and inde pendent school systems through the State Board of Education through the issuance of not more than $6,146,000 in principal amount of General Obligation Debt, the instruments of which have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,487,700 is specif ically appropriated for the purpose of financing projects and 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 $17,400,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $3,487,545 is specif ically appropriated for the purpose of financing educational facililties for county and inde pendent school systems through the State Board of Education through the issuance of not more than $40,790,000 in principal amount of General Obligation Debt, the instruments of which have maturities not in excess of two hundred and forty months.

Section 58. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1998

$ 12,380,991,546

Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 60. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Representative Coleman of the 142nd moved that the House adopt the report of the Committee of Conference on HB 1167.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Y Barms Y Bates YBenefield
YBirdsong YBohannon
Y Bordeaux Y Bradford
Breedlove Y Bridges
Y Brooks N Brown YBuck YBuckner YBunn

Y Burkhalter Y Byrd
Y Campbell Y Canty Y Cash YChannell Y Childera
N Clark N Coan Y Coleman, B
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 E Dii
Y Diion Y Dobbs Y Dukes N Ehrhart Y Epps
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 Y Holmes Y Houston
Howard
N Hudgens Y Hudson, H Y Hudson, N
Y Hugley N Irvin
Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce N Kaye

Ladd N Lakly
Y Lane Y Lee Y Lewis Y Lord Y Lucas
Y Maddoz Y Mann Y Manning
Y Martin, J Y Martin, J.L
N Maasey Y McBee Y McCall E McClinton
McKinney N Mills Y Mobley Y Mosley Y Mueller

TUESDAY, FEBRUARY 17, 1998

887

YO'Neal YOrrock YParham YParriah YPanons YPelote Y Perry NPinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell YRagas

Randall Y Ray Y Reaves Y Reichert N Rice Y Richardson Y Roberta Y Roger. Y Royal N Sanders Y Sauder Y Scarlett YScheid 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 Y Snelling

On the motion, the ayes were 145, nays 20. The motion prevailed.

Snow Y Stallings Y Stand], F N Stand], S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague Y Teper Y Thomas Y Tulrnan Y Titus Y Tolbert YTrense

Y Turnquest Y Twiggs Y Walker, L Y Walker, RL Y Watson Y West N Weetmoreland Y Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan N Yates
Murphy, Spkr

Representatives Howard of the 118th, Randall of the 127th, Williams of the 83rd 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.

Representative Ladd of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HR 954. By Representative Poag of the 6th: A resolution designating the "W. W. Fincher, Jr., Parkway".

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

Y Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn YBurkhalter YByrd Y Campbell Y Canty YCash

Y Channel! Y Childers Y Clark Y Conn 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 E Dii YDixon Y Dobbs Y Dukes Y Ehrhart Y Epps
Evans Y Everett YFelton

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
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson

Y Jenkins Johnson
YJohnston 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, JX Y Masaey Y McBee Y McCall E McClinton
McKinney Y Mills Y Mobley Y Mosley

Y Mueller Y O'Neal YOrrock YParham Y Parriah Y Parsons YPelote
Perry Pinholster YPoag YPolak Ponder Y Porter E Powell YPurcell YRagas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders

888

JOURNAL OF THE HOUSE,

Y Sauder Y Scailett YScheid Y Scott YShanahan Y Shaw YShemll Y Shipp YSims YSinkfield

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 Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, F
Stephens Y Taylor
Teague Y Teper

Y Thomas Y Tfflman Y Titus Y Tolbert Y Trense Y Turnquest Y Twiggs \ Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkx

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 955. By Representative Poag of the 6th:
A resolution designating a portion of Ga. 52 Alternate in Murray County as the "Gerald H. Leonard Parkway".

The following amendment was read and adopted:

Representative Poag of the 6th moves to amend HR 955 by striking line 1 on page 1 and inserting in lieu thereof the following:
"Designating a portion of Ga. 282 in Murray County".
By striking lines 30 and 31 on page 1 and inserting in lieu thereof the following:
"GEORGIA that that portion of Ga. 282 beginning at the Murray/Gilmer County line and extending westward to U.S. 411 and Ga. 61 is designated the".

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

Y Alien YAnderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner Bunn Y Burkhalter YByrd Y Campbell Canty Y Cash

Y Channel! Y Guilders Y Clark Y Coan Y Coleman, B
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 E Dix YDixon Y Dobbs Y Dukes
Ehrhart Y Epps
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
Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson

Y Jenkins 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 Y McCall E 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
Pinholster Y Poag Y Polak
Ponder Y Porter E Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders

TUESDAY, FEBRUARY 17, 1998

889

YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrOl YShipp YSinu Y Sinkfield

Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Smith,? Y Smith, T Y Smith, V
Smyre YSnelling

Snow YStallings
Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper

Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson

Y West Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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

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

HR 742. By Representatives Walker of the 141st, Murphy of the 18th, Dix of the 76th, Day of the 153rd, Lee of the 94th and others:
A resolution to create the Blue Ribbon Commission on State Government Facilities.

The following amendment was read and adopted:

Representative Brown of the 130th moves to amend HR 742 as follows: Add on 1-85 South on line 8 page 2 after figure 20.

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

Y Alien Y Andersen
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash
Channel! YChilders 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 YDeLoach, B Y DeLoach, G EDii
YDixon YDobbs Y Dukes YEhrhart YEpps
Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGraene Y Grindley Y Hammontree Y Manner

Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y 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 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
McCall EMcClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal
Orrock YParbam YParrish Y Parsons Y Pelote Y Perry
Pinholster YPoag YPolak
Ponder Y Porter E PoweU YPurcell YRagas

YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett 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 Y Smith, T Y Smith, V Y Smyre YSnelling

890
YSnow YStallings Y Stancil, F Y Stand], S Y Stanley, L Y Stanley, P

JOURNAL OF THE HOUSE,

Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman

YTitufl Y Tolbert YTrense
TumqueBt YTwiggs Y Walker, L

Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker YWUes

Y Williams, B N Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 163, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 1032. By Representatives Snelling of the 99th, Benefield of the 96th, Irvin of the 45th and Davis of the 60th:
A resolution expressing the consensus of the House of Representatives regarding Georgia's share of federal highway trust funds.

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 Bannister YBarfoot
Barnard YBaroes Y Bates Y Benefield YBirdsong
Bohannon
Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Burkhalter YByrd Y Campbell
Y Canty YCash Y Channel!
Y Guilders 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 YDeLoach, B YDeLoach.G EDii YDizon
YDobbs Y Dukes YEhihart YEpps
Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree
Hanner Y Harbin
Y Heard YHecht YHeckstall
YHegstrom Henson
Y Holland Y Holmes
Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMaasey YMcBee
McCall E McCUnton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons Y Pelote Y Perry
Pinholster YPoag YPolak Y Ponder Y Porter E Powell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett YScheid 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 YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson YWest Y Westmorland Y Whitaker YWUes 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.

TUESDAY, FEBRUARY 17, 1998

891

HB 1144. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and Barnes of the 33rd:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to the cancellation of record of certain security instruments, so as to require the grantee of such instrument to secure the proper satisfac tion or cancellation of record of the instrument by the clerk of the superior court.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the cancellation of record of certain security instruments, so as to require the holder of such instrument to secure the proper satisfaction or cancellation of record of the instrument by the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the cancella tion of record of certain security instruments, is amended by striking paragraph (1) of sub section (b) and inserting in its place a new paragraph (1) to read as follows:
"(b)(l) Whenever the indebtedness secured by any instrument is paid in full, the grantee holder of the instrument, within 60 days of the date of the full payment, shall
CflUSG tO DG lUrHlSilGCl tO ulG JFftlrtOi* dti MIC fflUtOP 9 Ifl9* ttttOWR tuul?6S9 ftfl" SfiOWI) Oft
the reeefda ef the grantee e* te the clerk of the superior court of the county or coun ties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee holder shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee holder. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms."
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 report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard Y Barnes
Bates YBenefield

Y Birdsong Y Bohannon
Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner

Bunn Burkhalter Y Byid Y Campbell Y Canty 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 E Dii Y Diion Y Dobbs Y Dukes Y Ehrhart Y Epps
Evans

892

JOURNAL OF THE HOUSE,

YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson

Y James Y Jamieson Y Jenkina
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee
McCall E McClinton YMcKinney Y Mills

Y Mobley Y Mosley Y Mueller
YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry
Pinholster
YPoag YPolak Y Ponder Y Porter E Poweli 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 YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C
Smith, C.W Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre YSneffing YSnow YStallings Y Stancil, F Y StancU, S

Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1101 was postponed until Wednesday, February 18, 1998.

By unanimous consent, all Bills and Resolutions on the Rules Calendar for Tuesday were postponed until Wednesday, February 18, 1998.

The Speaker Pro Tern assumed the Chair.

Representative Brooks of the 54th arose to a point of personal privilege and addressed the House.

Representative Ehrhart of the 36th arose to a point of personal privilege and addressed the House.

Representative Bordeaux of the 151st arose to a point of personal privilege and addressed the House.

Representative Porter of the 143rd District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1550 Do Pass, by Substitute HB 1627 Do Pass
Respectfully submitted, /s/ Porter of the 143rd
Chairman

TUESDAY, FEBRUARY 17, 1998

893

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1402 Do Pass, by Substitute HB 1575 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:
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 1186 Do Pass, by Substitute SB 483 Do Pass SB 584 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow
ing recommendations:

HB 1388 Do Pass, by Substitute HB 1446 Do Pass HB 1582 Do Pass
HB 1596 Do Pass

HB 1621 Do Pass HB 1631 Do Pass HB 1656 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

The Speaker Pro Tern announced the House in recess subject to call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

894

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 18, 1998

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 Baraes Bates Benefield Birdsong Bohannon Bridges Brooks Brown Buck Bunn Byrd Campbell
r^,. Cotanan B Connell ' Crawford Crews Cummings

Davis, G Davis, M DeLoach, B E Dix Dobbs Epps Evans Everett Felton Floyd Franklin Graves Greene Grindley Hammontree Harbin Heard Hecht E Henson
Holland
Sl!!J!ff. HudSon% Hudson' N Hugley Irvin Jackson

James Jamieson Johnson Johnston Jones Kaye Ladd Lakly Lane Lee Lewis Lord Mann Manning Martin, J Martin, J.L Massey McBee E McClinton
McKinney
Mobley Modev Mueller O'Neal Parham Parsons

Pelote Perry Pinholster Polak Porter E Powell Purcell Randall Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Scarlett Scheid
Shanahan
Sims Smith, C Smith, C.W Smith, L Smith, P Smith, V

Snelling Snow Stallings Stand], F Stancil, S Stanley, L Stanley, P Stephens Taylor Teper Thomas Tilhnan Titus Tolbert Trense Twiggs Walker, L Walker, R.L West
Westmoreland
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 Breedlove of the 85th, Williams of the 83rd, Watson of the 70th, Skipper of the 137th, Heckstall of the 55th, Lucas of the 124th, Bordeaux of the 151st, DeLoach of the 119th, Poag of the 6th, Burkhalter of the 41st, Turnquest of the 73rd, Cooper of the 31st, Day of the 153rd, Scott of the 165th, Sauder of the 29th, Ponder of the 160th, Parrish of the 144th, Bradford of the 30th, Orrock of the 56th, Smith of the 169th, Culbreth of the 132nd, Shipp of the 38th, Canty of the 52nd, Teague of the 58th, Buckner of the 95th, Channell of the lllth, Sinkfield of the 57th, Maddox of the 72nd, Jenkins of the 110th, McCall of the 90th, Smyre of the 136th and Coleman of the 142nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Edward L. Ellis, Jr., Pastor, First Bryan Baptist Church, Savannah, 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.

WEDNESDAY, FEBRUARY 18, 1998

895

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

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

HB 1707. By Representative McCall of the 90th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and mainte nance, so as to provide for certain additional powers and duties of the Department of Natural Resources and the Board of Natural Resources with respect to compliance with the federal Clean Air Act, as amended, enforce ment of vehicle emission standards, regulation of vehicle emission inspec tions, and enforcement of vehicle emission standards and regulations.
Referred to the Committee on Natural Resources & Environment.

HB 1708. By Representatives Scheid of the 17th, Burkhalter of the 41st, Scarlett of the 174th, Cash of the 108th, Sauder of the 29th and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit telemarketers from blocking caller identification ser vices.
Referred to the Committee on Industry.

HB 1709. By Representatives Hecht of the 97th, Benefield of the 96th and Lee of the 94th:
A bill to amend Code Section 19-13-6 of the Official Code of Georgia Anno tated, relating to penalties for violation of a protective order in cases involv ing family violence, so as to provide for concurrent jurisdiction over certain violations.
Referred to the Committee on Judiciary.

HB 1710. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and Felton of the 43rd:
A bill to amend an Act creating one or more community improvement dis tricts in unincorporated Fulton County, so as to provide for the creation of community improvement districts in the municipalities within Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

896

JOURNAL OF THE HOUSE,

HB 1711. By Representative McKinney of the 51st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act", so as to pro vide for definitions; to provide for notices regarding imposition of certain fees and conditions relating thereto; to provide for standards for certain wastewater discharges.
Referred to the Committee on Natural Resources & Environment.

HB 1712. By Representative Joyce of the 1st:
A bill to amend Code Section 20-2-306 of the Official Code of Georgia Anno tated, relating to the honors program and residential high school program operated by the state Board of Education, so as to provide that students who live in Georgia but attend private high school outside of Georgia may partici pate in the honors program if they otherwise qualify.
Referred to the Committee on Education.

HB 1713. By Representative Scarlett of the 174th:
A bill to amend Code Section 19-8-24 of the Official Code of Georgia Anno tated, relating to unlawful advertisements and inducements relative to adop tion, so as to provide for the offense of selling or exchanging or attempting to sell or exchange a minor child.
Referred to the Committee on Judiciary.

HB 1714.

By Representatives Scheid of the 17th and Westmorland of the 104th:
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.

Feb. 17, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1714. This notice is made prior to or upon reading the bill the first time.
M Charles F. Scheid Representative 17th District
Referred to the Committee on Education.

HB 1715.

By Representatives Dukes of the 161st and Everett of the 163rd:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 161 and 163.

Mr. Clerk:

February 17, 1998

WEDNESDAY, FEBRUARY 18, 1998

897

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill Number 1715. This notice is made prior to or upon reading the bill the first time.
M Winfred Dukes Representative 161st District
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1716. By Representatives Holland of the 157th, Jenkins of the 110th and Epps of the 131st:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia Anno tated, relating to the term of office, qualifications, and training requirements for clerks of the superior courts, so as to provide training requirements and reporting requirements for such clerks.
Referred to the Committee on Judiciary.

HB 1717. By Representatives Trense of the 44th and Hecht of the 97th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide for deprivation deter minations when the deprivation is committed by persons while under the influence of drugs or alcohol.
Referred to the Committee on Judiciary.

HB 1718. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and Buck of the 135th:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1998, and ending June 30, 1999.
Referred to the Committee on Appropriations.

HB 1719. By Representatives Orrock of the 56th, McClinton of the 68th and Barnes of the 33rd:
A bill to amend Title 41 of the Official Code of Georgia Annotated, relating to nuisances, so as to provide for actions to abate and enjoin drug related nuisances.
Referred to the Committee on Judiciary.

HB 1720. By Representatives Golden of the 177th, Smith of the 109th, Bates of the 179th, Hammontree of the 4th and Bannister of the 77th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to change the provisions relating to rate of employer contribu tions under the "Employment Security Law"; to provide that each new or newly covered employer which has implemented a certain drug-free workplace program shall pay contributions at a rate of 0.2 percent lower than certain other rates specified.
Referred to the Committee on Industrial Relations.

HR 1097. By Representatives Scarlett of the 174th and Tillman of the 173rd:
A resolution commending Davis Love III and designating a portion of 1-95 as the "Davis Love III Highway".
Referred to the Committee on Transportation.

898

JOURNAL OF THE HOUSE,

HR 1098. By Representatives Franklin of the 39th, Coan of the 82nd, Hammontree of the 4th, Lewis of the 14th, Mann of the 5th and others:
A resolution designating the Larry McDonald Memorial Highway.
Referred to the Committee on Transportation.

HR 1099. By Representatives Twiggs of the 8th, Coleman of the 142nd, Poag of the 6th, Martin of the 145th and Jenkins of the 110th:
A resolution creating the Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits.
Referred to the Committee on Public Safety.

HR 1100. By Representatives Manning of the 32nd, Grindley of the 35th, Bradford of the 30th, Shipp of the 38th, Cooper of the 31st and others:
A resolution expressing support for projects and programs of the Regional Transportation Plan.
Referred to the Committee on Transportation.

HR 1101. By Representative Poag of the 6th:
A resolution designating a portion of State Highway 136 in Murray County as "C. W. Bradley Highway".
Referred to the Committee on Transportation.

HR 1102. By Representative Poag of the 6th:
A resolution honoring Mr. Charles A. Pannell, Sr., and designating a portion of State Highway 61 as the "Charles A. Pannell, Sr., Highway".
Referred to the Committee on Transportation.

HR 1106. By Representatives Snow of the 2nd, Murphy of the 18th, Perry of the llth, Clark of the 3rd and Joyce of the 1st:
A resolution designating the William "Billy" Shaw Abney Memorial High way.
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 1726. By Representatives Davis of the 60th, Richardson of the 26th, Hammontree of the 4th, Shanahan of the 10th, Kaye of the 37th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to repeal certain provisions requiring the identification of the authors of campaign literature.
Referred to the Committee on Judiciary.

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

WEDNESDAY, FEBRUARY 18, 1998

899

HB 1685 HB 1686 HB 1687 HB 1688 HB 1689 HB 1690
HB 1691 HB 1692 HB 1693 HB 1694 HB 1695
HB 1696 HB 1697
HB 1698 HB 1699 HB 1700
HB 1701 HB 1703

HB 1704 HB 1705 HB 1706 HR 1092 HR 1093 HR 1095
SB 186 SB 485 SB 500 SB 523 SB 541
SB 542 SB 544
SB 572 SB 573 SB 594
SB 595 HB 1702

Pursuant to Rule 52, Representative Walker of the 87th moved that the following Bill of the House be engrossed:

HB 1702.

By Representatives Walker of the 87th, Harbin of the 113th and Johnson of the 84th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 84 and 87.

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:
HB 1646 Do Pass, as Amended HB 1670 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 17, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:
HB 262 Counties; certain rock quarries; written consent required HB 674 Income tax; setoff debt; collection for political subdivisions

900

JOURNAL OF THE HOUSE,

HB 801 Rape and aggravated sodomy; victims under 12; penalties HB 1086 Osteoporosis; Bone Mass Measurement Coverage Act; enact HB 1160 Municipalities; utility services; auth execution of cert contracts HB 1183 Education; child in state custody; attorneys' fees HB 1195 Foresters; code of ethics; State Board authorize adoption HB 1240 Motor vehicle insurance; provide certain recovery; setoffs HB 1323 GA Indigent Defense Council; use of private funds; amend provisions HB 1324 Ad valorem tax; certain heavy-duty vehicles; provisions
HR 930 Veterans; post-traumatic stress disorder; benefits

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1646.

By Representatives Stephens of the 150th, Thomas of the 148th, Pelote of the 149th, Bordeaux of the 151st and Mueller of the 152nd:
A bill to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to change and expand the corporate limits of the City of Savannah.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB "1t6h4e6".by striking from line 11 on page 1 the word "thee" and inserting in its place the word
By adding between lines 16 and 17 on page 1 the following:
"Part A".
By adding after line 31 on page 1 the following:
"PartB
AND ALSO ALL of those certain tracts or parcels of land in the 7th G.M. District of Chatham County, Georgia on the West side of Dean Forest Road comprising the original 1022.78 acres described in that certain Deed of Trust dated April 30, 1969, and recorded in Deed Book 95-T, Page 493 of Chatham County, Georgia Records, EXCEPTING THEREFROM that certain tract containing 456.68 acres conveyed to The Mayor and Aldermen of the City of Savannah by Deed dated November 23, 1981, and recorded in Deed Book 117-R, Page 521 of said Chatham County, Georgia Records and shown on a plat of survey by Hussey, Gay & Bell of record in Plat Book 3-P, Page 214 of Chatham County, Georgia Records, and FURTHER EXCEPTING THEREFROM that certain portion of said tract fronting on Dean Forest Road North of the Harden Canal and extending Westward for a depth of 700 feet."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 97, nays 6.

WEDNESDAY, FEBRUARY 18, 1998

901

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

HB 1670. By Representatives Epps of the 131st and Brown of the 130th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the composition of the governing authority of the city for the purpose of conformity with a consent order and decree.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 619. By Senators Johnson of the 1st and Kemp of the 3rd:
A bill to provide a homestead exemption from certain Bryan County 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a refer endum, effective dates, and automatic repeal.

SB 625. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to create the City of Pooler 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 Pooler, Georgia; to authorize the authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in Pooler, Georgia.

SB 627. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," now known as the Board of Commissioners of Fannin County, as amended, so as to change the provisions relating to the appointment of county officials and employees; to provide an effective date.

SB 628. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to provide for a board of registra tions and elections for Fannin County" so as to change the terms of the members; to provide that the board shall be responsible for the employment of poll workers; to provide an effective date.

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JOURNAL OF THE HOUSE,

HB 1533. By Representative Massey of the 86th:
A bill to amend an Act re-creating and establishing a Board of Commission ers of Barrow County, so as to provide for redistricting.

HB 1534. By Representative Massey of the 86th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for redistricting.

HB 1595.

By Representatives Buck of the 135th, Culbreth of the 132nd, Smith of the 102nd 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 1598. By Representative Channell of the lllth: A bill to create the Green County Family Connection Commission.

HB 1601. By Representative Channell of the lllth:
A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city.

HB 1605.

By Representatives Stallings of the 100th and West of the 101st:
A bill to amend an Act establishing a city court in the City of Carrollton (later renamed the Carroll County State Court), so as to change provisions relating to the terms of court.

HB 1608.

By Representatives Day of the 153rd, Stephens of the 150th, 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 $30,000.00 of the assessed value of the homestead of certain residents of that school district.

HB 1613.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dougherty County.

HB 1615.

By Representatives Roberts of the 162nd and Everett of the 163rd:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of probate court.

SB 445. By Senators Oliver of the 42nd and Starr of the 44th:
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 Qual ity Basic Education Act, so as to provide for Carnegie unit curriculum credits for completion of an approved driver education course in a driver training school; to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle drivers' licenses.

WEDNESDAY, FEBRUARY 18, 1998

903

SB 532. By Senators Thomas of the 10th, Price of the 28th and Johnson of the 2nd:
A bill to amend Code Section 21-3-105 of the Official Code of Georgia Anno tated, relating to notice of intent of write-in candidates, so as to require that notice of a write-in candidacy be provided no later than seven days after the close of the municipal qualifying period.

SB 566. By Senators Hill of the 4th, Thomas of the 54th, Madden of the 47th and Middleton of the 50th:
A bill to amend Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to the automatic defibrillator program, so as to provide for easier public access to automated external defibrillators; to provide an effective date.

SB 567. By Senator Thompson of the 33rd:
A bill to amend Code Section 36-1-19.1 of the Official Code of Georgia Anno tated, relating to appropriations for charitable grants or contributions in counties having a population of 400,000 or more, so as to authorize charitable grants or contributions by authorities established by the governing authority of any such county.

SB 574. By Senators Hill of the 4th, Gillis of the 20th, Madden of the 47th and James of the 35th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change requirements for the use of recycled paper by state institutions.

HB 1154. 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 limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying.

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

SR 64. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd:
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 dis abled in the line of duty on or after January 1, 1999; to provide for the sub mission of this amendment for ratification or rejection.

SR 474. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th:
A resolution to urge the President of the United States and the United States Congress to further recognize the services rendered to this country during the Vietnam War by Hmong and Lao soldiers by granting full and immediate United States citizenship to those who are currently living as legal immigrants in this country.

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SR 587. By Senators Marable of the 52nd, Hill of the 4th, Thomas of the 10th and others:
A resolution to encourage creation of graduate medical education curricula in geriatrics; to encourage the creation of graduate medical education fellowships in geriatrics; and to encourage the establishment of a visiting professorship in geriatrics to train faculty for medical universities.

The Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998.

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

SB 521. By Senators Stokes of the 43rd, Clay of the 37th, Thomas of the 10th and others:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Anno tated, relating to hearings on proposed zoning decisions, so as to provide that at least 30 days prior to a zoning decision for rezoning initiated by a party other than the local government the local government shall post a sign on the property to be rezoned.

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

SB 445. By Senators Oliver of the 42nd and Starr of the 44th:
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 Qual ity Basic Education Act, so as to provide for Carnegie unit curriculum credits for completion of an approved driver education course in a driver training school; to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle drivers' licenses.
Referred to the Committee on Education.

SB 521. By Senators Stokes of the 43rd, Clay of the 37th, Thomas of the 10th and others:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Anno tated, relating to hearings on proposed zoning decisions, so as to provide that at least 30 days prior to a zoning decision for rezoning initiated by a party other than the local government the local government shall post a sign on the property to be rezoned.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, FEBRUARY 18, 1998

905

SB 532. By Senators Thomas of the 10th, Price of the 28th, Johnson of the 2nd and others:
A bill to amend Code Section 21-3-105 of the Official Code of Georgia Anno tated, relating to notice of intent of write-in candidates, so as to require that notice of a write-in candidacy be provided no later than seven days after the close of the municipal qualifying period.
Referred to the Committee on Governmental Affairs.

SB 566. By Senators Hill of the 4th, Thomas of the 54th, Madden of the 47th and others:
A bill to amend Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to the automatic defibrillator program, so as to provide for easier public access to automated external defibrillators; to provide an effective date.
Referred to the Committee on Health & Ecology.

SB 567. By Senator Thompson of the 33rd:
A bill to amend Code Section 36-1-19.1 of the Official Code of Georgia Anno tated, relating to appropriations for charitable grants or contributions in counties having a population of 400,000 or more, so as to authorize charitable grants or contributions by authorities established by the governing authority of any such county.
Referred to the Committee on State Planning & Community Affairs.

SB 574. By Senators Hill of the 4th, Gillis of the 20th, Madden of the 47th and oth ers:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change requirements for the use of recycled paper by state institutions.
Referred to the Committee on State Planning & Community Affairs.

SB 619. By Senators Johnson of the 1st and Kemp of the 3rd:
A bill to provide a homestead exemption from certain Bryan County 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a refer endum, effective dates, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 625. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to create the City of Pooler 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 Pooler, Georgia; to authorize the authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in Pooler, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 627. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," now known as the Board of Commissioners of Fannin County, as amended, so as to change the provisions relating to the appointment of county officials and employees; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 628. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to provide for a board of registra tions and elections for Fannin County" so as to change the terms of the members; to provide that the board shall be responsible for the employment of poll workers; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 64. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd:
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 dis abled in the line of duty on or after January 1, 1999; to provide for the sub mission of this amendment for ratification or rejection.
Referred to the Committee on Appropriations.

SR 474. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th:
A resolution to urge the President of the United States and the United States Congress to further recognize the services rendered to this country during the Vietnam War by Hmong and Lao soldiers by granting full and immediate United States citizenship to those who are currently living as legal immigrants in this country.
Referred to the Committee on Defense & Veterans Affairs.

SR 587. By Senators Marable of the 52nd, Hill of the 4th, Thomas of the 10th and others:
A resolution to encourage creation of graduate medical education curricula in geriatrics; to encourage the creation of graduate medical education fellowships in geriatrics; and to encourage the establishment of a visiting professorship in geriatrics to train faculty for medical universities.
Referred to the Committee on University System of Georgia.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1335. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Oconee County, so as to change the provisions relating to bonds of the chairperson and members of the board of commissioners.

WEDNESDAY, FEBRUARY 18, 1998

907

The following Senate substitute was read:
A BILL
To amend an Act creating the Board of Commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the provisions relating to bonds of the chairperson and members of the board of commissioners; to change the provisions relating to the powers and duties of the chairperson of the board of commis sioners; to change the provisions relating to the compensation of the chairperson and the members of the board of commissioners; 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 Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, is amended by striking Section 6 of said Act and insert ing in its place the following:
"SECTION 6. Before entering the duties of the office of chairperson or commissioner, the chairperson and each member of the board of commissioners shall take the oath required of all civil officers of this state and shall be bonded in the amount of $25,000.00 by a good and solvent bonding company authorized to do business in this state. Such bond shall be approved by the judge of the Probate Court of Oconee County, shall be filed in the office of the judge of the probate court, and shall be payable to the Governor of this state and the Governor's successor in office for the use of Oconee County. Such bond shall be conditioned on the faithful performance of the duties of the office of chairper son or commissioner. The cost of said bond shall be paid from the general funds of Oconee County."
SECTION 2. Said Act is further amended by striking Section 9 of said Act and inserting in its place the following:
"SECTION 9. (a) The chairperson of the board of commissioners shall have the following duties and responsibilities:
(1) To act as the chief executive officer of the county; (2) To act as presiding officer at all meetings of the board, including the duty of pre serving order and decorum at such meetings; (3) To state every question coming before the board and to announce the decision of the board on all subjects and to decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and con clusively determine such question; (4) To exercise the right to vote to break a tie vote; (5) To execute all ordinances, resolutions, and contracts in behalf of the county; (6) To execute all evidences of indebtedness incurred by the county; (7) To act as ceremonial head of the county government; and (8) To exercise other duties that may be delegated to the chairperson by the board of commissioners. (b) In the event of a vacancy in the office of the chairperson or the illness, incapacity, absence, or failure to act, the duties of the chairperson may be exercised by the vice chairperson. In the event of a vacancy, illness, absence, incapacity, or failure to act by the chairperson for a period exceeding 30 days, the vice chairperson, on approval of the board of commissioners, shall be compensated in the same amount as that provided for the office of chairperson."
SECTION 3. Said Act is further amended by striking Section 12 of said Act and inserting in its place the following:

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"SECTION 12. (a) The chairperson of the Board of Commissioners of Oconee County shall receive a base salary of 113 percent of the highest base salary payable to the following county offi cers: the sheriff, probate judge, tax commissioner, and clerk of superior court. 'Base sal ary' means the base salary determined by local law for said offices. (b) The members of the board of commissioners shall each be paid a salary of 27 per cent of the highest base salary payable to the following county officers: the sheriff, pro bate judge, tax commissioner, and clerk of superior court. (c) The chairperson and members shall receive an additional amount of 5 percent of their respective salaries for each four-year term as a commissioner completed by such chairperson or member and an annual cost-of-living adjustment. Cost-of-living adjust ments shall be determined in the same manner as for the county officers whose salary is used hi the calculation of the salaries due the chairperson or the member. (d) Said compensation shall be paid in equal monthly installments from the funds of the county. (e) The chairperson and members shall also be entitled to participate in the county's retirement program, health insurance coverage, life insurance coverage, and other bene fits available to county employees, to be paid by the county."
SECTION 4. This Act shall become effective on January 1,1999.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Stancil of the 91st moved that the House agree to the Senate substi tute to HB 1335.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

HR 1107.

By Representative Lord of the 121st:
A resolution commending the Washington County High School Golden Hawks football team and inviting members thereof to appear before the House of Representatives.

HR 1108.

By Representatives Dukes of the 161st, Roberts of the 162nd, Everett of the 163rd, Taylor of the 134th, Banner of the 159th and others:
A resolution recognizing and commending the Albany State University Rams and Coach Hampton Smith and inviting the members of the team and the coaches to appear before the House of Representatives.

HR 1109.

By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd, Stephens of the 150th and Pelote of the 149th:
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 of Representatives.

HR 1110.

By Representatives Buckner of the 95th, Hegstrom of the 66th, Dukes of the 161st, Culbreth of the 132nd, Buck of the 135th and others:
A resolution commending advocates for crime victims and inviting represen tatives to appear before the House of Representatives.

WEDNESDAY, FEBRUARY 18, 1998

909

HR 1114.

By Representative Lord of the 121st:
A resolution recognizing and commending Coach Rick Tomberlin of Wash ington County High School and inviting him 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 rec ommendation:
HB 1674 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 1051 Do Pass HR 1067 Do Pass SB 449 Do Pass

SR 530 Do Pass SR 581 Do Pass

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HR 1029 Do Pass HR 1031 Do Pass HR 1034 Do Pass

HR 1054 Do Pass HR 1064 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

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JOURNAL OF THE HOUSE,

HB 1195.

By Representative Floyd of the 138th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to authorize the State Board of Registration for Foresters to adopt a code of professional ethics for foresters and thereby define unethical practice or conduct for certain purposes.

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

Y Alien Y Andenon YAshe
Bailey Y Bannister YBarfoot Y Barnard
Barnes 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
Campbell
Canty 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 YDeLoacb, B YDeLoach, G EDii YDiion
Dobbs Dukes Y Em-hart
YEpps Y Evans YEverett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley
Hammontree Y Banner Y Harbin Y Heard YHecht
Heckstall Hegstrom Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall E McClinton
McKinney Y Mills Y Mobley YMoeley Y Mueller YO'Neal YOrrock
Parham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak
Ponder
Y Porter EPowell YPurcell
YRagas YRandall
YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Sauder YScarlett Y Scheid YScott
Shanahan YShaw
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 Y Smith, V YSmyre YSneUing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas Y Tilhnan Y Titus YTolbert
Trense Turnquest Twiggs Y Walker, L Y Walker, R.L
Y Watson 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, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1324.

By Representative Jamieson of the 22nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation or 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:

WEDNESDAY, FEBRUARY 18, 1998

911

Y Alien YAndenon YAshe Y Bailey
Bannister Barfoot YBarmud YBames Y Bates YBenefield YBiidsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Brooks Y Brawn YBuck YBuckner YBunn YBurkhalter YByrd Campbell Y Canty YCash Y Channel! Y Childen Y Clark YCoan YColeman, B YColeman, T
YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununing8 Y Davifl, G Y Davis, M YDay YDeLoach, B
YDeLoach, G EDiz YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans
YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGnene YGrindley Y Hammontree
Manner Y Harbin
Heard YHecbt
Heckstall Hegstrom Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson James
Y Jamieson YJenkins
Johnson Y Johnstou Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Maddox YMann Y Manning Martin, J Y Martin, J.L YMassey YMcBee McCall E McClinton Y McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter EPowell YPurcell
YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts
Rogers Royal N Sanders YSauder YScarlett Y Scheid Y Scott YShanahan YShaw YSherrUl YShipp 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 YSmyre YSnellrag YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor
Teague YTeper Y Thomas YTilhnan Y Titus YTolbert
Trense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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 Anno tated, 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.

The following Committee substitute was read:

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit the commencement of certain rock quarry operations under 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. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions relative to counties and municipal corporations, is amended by inserting at the end thereof the following:
"36-60-19. Any other provision of law to the contrary notwithstanding, if the director of the Envi ronmental Protection Division of the Department of Natural Resources determines through scientific analysis that such a quarry location might have significant impact on

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JOURNAL OF THE HOUSE,

the water system, no person may commence the operation of a limestone or dolostone rock quarry located in the Ridge and Valley Province as defined by the Physiographic Map of Georgia. W. Z. Clark and A. C. Zisa, 1976, and within eight miles of any well or spring accessing an underground source of water which provides water to any county or municipality in an amount of at least 50 percent of such county's or municipality's water supply or two million gallons per day, whichever is less."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Pinholster of the 15th moves to amend the Committee substitute to HB 262 as follows: By striking the word "might" on line 18 of page one and inserting the word "shall".

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

N Alien N Andereon
NAshe N Bailey Y Bannister
YBarfoot N Barnard
Barnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown YBuck N Buckner NBunn Y Burkhalter YByrd Y Campbell N Canty YCash N Channel! N Childers N Clark YCoan Y Coleman, B N Coleman, T N Connell
Cooper E Crawford
Y Crews

Y Culbreth 1*1 Cununings N Davis, G Y Davis, M YDay N DeLoach, B
YDeLoach, G EDii
Diion YDobbs
N Dukes Ehrhart
NEpps Y Evans Y Everett
Felton YFloyd Y Franklin Y Golden N Graves NGreene YGrindley Y Hammontree N Manner Y Harbin N Heard NHecht
Heckstall Hegstrom NHenson N Holland Holmes N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins Y Johnson
N Johnston N Jones
Joyce YKaye YLadd YLakly NLane NLee N Lewis YLord
N Lucas Maddoi
YMann Y Manning N Martin, J N Martin, J.L YMassey NMcBee YMcCall E McClinton NMcKinney YMills N Mobley NMosley
Mueller NO'Neal NOrrock NParham

NFarrish Y Parsons
Pelote N Perry Y Pinholster
NPoag NPolak Y Ponder N Porter EPoweU NPurcell NRagas NRandall YRay N Reaves N Reichert YRice Y Richardson N Roberts N Rogers
Royal Y Sanders
Sauder Y Scarlett YScheid Y Scott N Shanahan NShaw YSherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 65, nays 90. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling
Snow NStalUngs N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor ETeague NTeper N Thomas NTillman N Titus YTolbert YTrense
Turnquest Twiggs N Walker, L N Walker, R.L
N Watson NWest Y Westmoreland YWhitaker
Y Wiles N Williams, B
E Williams, J Y Williams, R YWorthan
Y Yates Murphy, Spkr

The Committee substitute was adopted.

WEDNESDAY, FEBRUARY 18, 1998

913

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

N Alien Y Andereon NAshe N Bailey N Bannister NBarfoot Y Barnard
Barnes N Bates N Benefield NBirdsong N Bohannon Y Bordeaux N Bradford NBreedlove N Bridges Y Brooks N Brown NBuck YBuckner YBunn N Burkhalter NByrd Y Campbell Y Canty NCash N Channel! YChilders Y Clark NCoan NColeman, B NColeman, T Y Council
Cooper E Crawford N Crews

N Culbreth Y Cununings
Y Davia, G N Davis, M NDay Y DeLoach, B NDeLoach, G EDii NDUon NDobbe Y Dukes
Ebrhart YEpps N Evans NEverett
Felton NFloyd N Franklin N Golden Y Graves YGreene N Grindley N Hanunontree N Banner N Harbin
Y Heard NHecht
Heckstall Hegstrom YHenson Y Holland Holmes Y Houston N Howard N Hudgens Hudson, H

Hudson, N Y Hugley NIrvin Y Jackson Y James Y Jamieson Y Jenkins N Johnson Y Johnston Y Jones
Joyce NKaye NLadd NLakly NLane NLee Y Lewis NLord N Lucas
Y Maddox NMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee NMcCall E McClinton N McKinney YMills Y Mobley NMosley
Mueller YO'Neal YOrrock YParham

NParrish N Parsons
Pelote Y Perry N Pinholster YPoag NPolak N Ponder Y Porter EPowell
NPurcell YRagas YRandall
NRay Y Reaves Y Reichert NRice N Richardson Y Roberta N Rogers
Royal
N Sanders Sauder
N Scarlett NScheid N Scott Y Shanahan NShaw N Sherrill NShipp YSims Y Sinkfield N Skipper Y Smith, C N Smith, C.W Y Smith, L

N Smith, L.R Y Smith, P N Smith, T N Smith, V YSmyre NSnelling
Snow NStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor ETeague YTeper Y Thomas YTfflman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest N Westmorland YWhitaker
N WUes Y Williams, B E Williams, J N Williams, R N Worthan
NYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 71, nays 85. The Bill, having failed to receive the requisite constitutional majority, was lost.

House of Representatives State Capitol, Suite 401 Atlanta, Georgia 30334
February 18, 1998
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives Room 309, State Capitol Atlanta, GA 30334
Dear Mr. Rivers:
My machine was recorded as voting "No" on H.B. 262.
I would like for the records to show that I am in support of H.B. 262 and show as voting "Yes" on H.B. 262.
Thank you for your attention to this matter.
Sincerely,
/s/ Tommy

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JOURNAL OF THE HOUSE,

Tommy Smith State Representative District 169
TS/ah
cc: Rome Delegation

Representative Childers of the 13th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 262.

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

WEDNESDAY, FEBRUARY 18, 1998

915

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1115. By Representatives Snelling of the 99th, Worthan of the 98th, Richardson of the 26th, Mobley of the 69th, Teper of the 61st and others:
A resolution recognizing and commending Reverend Leon Mitchell Jeffords.

HR 1116.

By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A resolution recognizing and commending the Valdosta High School boys basketball team.

HR 1117. By Representatives McKinney of the 51st and Brooks of the 54th: A resolution commending B. E. Usher Middle School.

HR 1118. By Representative Coleman of the 80th: A resolution recognizing the Strickland House on its 100th Birthday.

HR 1119.

By Representatives Shaw of the 176th, Scott of the 165th, Houston of the 166th, Walker of the 141st and Hudson of the 156th:
A resolution commending the Abraham Baldwin Agricultural College student newspaper.

HR 1120. By Representative Coleman of the 80th: A resolution recognizing and commending Judy T. Sullivan.

HR 1121.

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 resolution recognizing February 26, 1998, as Columbus Day at the State Capitol.

HR 1122. By Representative Day of the 153rd: A resolution commending Jack Youmans.

HR 1123. By Representatives Bailey of the 93rd, Murphy of the 18th, Benefield of the 96th, Lee of the 94th and Hecht of the 97th:
A resolution recognizing and commending Ms. Elizabeth Ashe.

HR 1124. By Representative Bailey of the 93rd:
A resolution congratulating Mr. and Mrs. John F. Kellerman on the occasion of their fiftieth anniversary.

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JOURNAL OF THE HOUSE,

HR 1125. By Representatives Thomas of the 148th and Pelote of the 149th: A resolution expressing sympathy at the passing of Charles Wesley Flournoy.

HR 1126.

By Representatives Greene of the 158th, Reaves of the 178th, Floyd of the 138th, McCall of the 90th, Purcell of the 147th and others:
A resolution recognizing and commending the Georgia Department of Agri culture and Commissioner Tommy Irvin on the designation by the Secretary of Agriculture and the Congress of the United States of 119 of the 159 coun ties in the State of Georgia as primary agricultural disaster areas and 36 additional counties in the state as contiguous disaster counties.

HR 1127. By Representative Day of the 153rd: A resolution commending Lee Meyer.

HR 1128. By Representative Day of the 153rd: A resolution commending the Isle of Hope Volunteer Fire Department.

HR 1129. By Representative Day of the 153rd: A resolution commending Kathryn Williams.

HR 1130.

By Representatives Bailey of the 93rd, Hecht of the 97th, Lee of the 94th and Benefield of the 96th:
A resolution recognizing Kayle Ann, granddaughter of Bill and Margaret Bailey.

HR 1131. By Representatives Brooks of the 54th, Davis of the 48th, Teague of the 58th, Lucas of the 124th, Tillman of the 173rd and others:
A resolution honoring the life of Jerry Walter Stanley.

HR 1132. By Representatives Hecht of the 97th, Lee of the 94th, Benefield of the 96th and Bailey of the 93rd:
A resolution commending Georgia optometrists and VISION USA.

HR 1133.

By Representatives Greene of the 158th, Reaves of the 178th, Floyd of the 138th, McCall of the 90th, Purcell of the 147th and others:
A resolution recognizing and commending the Georgia Emergency Manage ment Agency, Director Gary McConnell, and Finance Director Cindy King for providing comprehensive and aggressive mitigation, preparedness, response, and recovery programs for the citizens of Georgia in order to save lives, protect property, and reduce the effects of all types of disasters.

Representative Porter of the 143rd District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:

WEDNESDAY, FEBRUARY 18, 1998

917

HB 353 Do Pass, by Substitute

Respectfully submitted, M Porter of the 143rd
Chairman

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 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.

The following Committee substitute was read and adopted:

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; to provide for legislative purposes; to provide for definitions; to provide for procedures; to provide for hearings; to provide for fees and costs; to establish priority of claims; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, is amended by striking Code Section 48-7-160, relating to legislative purposes, and inserting in its place a new Code Section 48-7-160 to read as follows:
"48-7-160. The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the department shall cooperate in identifying debtors who owe money to the state through its various claimant agencies and who qualify for refunds from the department. It is also the purpose of this article to establish procedures for setting off against any such refund the sum of any debt owed to the state claimant agencies. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes."
SECTION 2. Said article is further amended at the end of paragraph (1) of Code Section 48-7-161, relating to definitions, by striking the word "and" at the end of subparagraph (D), by striking the period and inserting "; and" at the end of subparagraph (E), and by adding a new subparagraph (F) to read as follows:
"(F) Any political subdivision which contracts with a Georgia nonprofit corpora tion whose income is exempt from federal income tax pursuant to Section 115 of the Internal Revenue Code of 1986, which corporations shall be the sole entity through which any such political subdivision may seek claims under this article."
SECTION 3. Said article is further amended by adding a new paragraph immediately following para graph (3) of Code Section 48-7-161, relating to definitions, to be designated paragraph (3.1) to read as follows:

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JOURNAL OF THE HOUSE,

"(3.1) 'Political subdivision' means any county, municipality, or school district in this state or any instrumentality of such county, municipality, or school district."
SECTION 4. Said article is further amended by striking subsection (e) of Code Section 48-7-164, relat ing to procedures and notification, which reads as follows:
"(e) The claimant agency shall pay the department for all costs incurred by the depart ment in setting off debts in the manner provided in this article.", and inserting in its place new subsections (e) and (f) to read as follows: "(e) The department may retain an amount not to exceed $25.00 from each refund set off to defray its administrative expenses. (f) If, after appropriate review, the claimant agency determines that it is not entitled to any part of the amount set off, it shall refund the entire amount plus the amount retained by the department to defray its cost. That portion of the refund reflecting the cost incurred must be paid from the claimant agency's funds."
SECTION 5. Said article is further amended by adding a new subsection at the end of Code Section 48-7-165, relating to procedures and appeals, to be designated subsection (e), to read as follows:
"(e)(l) Notwithstanding the provisions of subsections (a), (b), and (d) of this Code section, for purposes of claimant agencies which are political subdivisions, if the claim ant agency receives written notice contesting the setoff or the sum upon which the setoff is based, the sum due and owing shall not be subject to setoff pursuant to this article until the political subdivision to whom the debt is owed has obtained a judg ment on the debt from magistrate, state, or superior court. The losing party shall pay any filing fees established by local court rule and costs of service except that the gov erning authority of the county shall be authorized to waive such fees and costs. In addition, the claimant agency shall be responsible for attorneys fees of the taxpayer contesting the setoff where the court finds for the taxpayer. (2) The hearing held in accordance with paragraph (1) of this subsection shall be con ducted after notice of the hearing is provided to the debtor, either by registered mail or personal service. When personal service is utilized, in addition to service by other officers authorized by law to serve process, the officers of the county designated by the county governing authority may serve such notice."
SECTION 6. Said article is further amended by striking Code Section 48-7-168, relating to priority of claimant agencies, and inserting in its place a new Code Section 48-7-168 to read as fol lows:
"48-7-168.
The department has priority pursuant to subsection (c) of Code Section 48-2-35 over every claimant agency for collection by setoff under this article. Priority for multiple claims from political subdivisions for a refund setoff, when the amount of the setoff available for such political subdivision claims does not equal the combined total of the claims filed by political subdivisions under this article, shall be determined by distribut ing the available funds to each political subdivision in the order of the date that the claim is received by_ the department."
SECTION 7. This Act shall become effective on July 1, 1998.
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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 2.

WEDNESDAY, FEBRUARY 18, 1998

919

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

HB 1240.

By Representative Bordeaux of the 151st:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability insurance policies and coverage of claims against uninsured motorists, so as to provide for recovery under a policy of motor vehicle liability insurance of the amount of actual loss not exceeding coverage limits without regard to any amount paid by any insurer in compromise and settlement of a claim under a policy of uninsured motorist coverage.

The following Committee substitute was read and adopted:

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 coverage of claims against uninsured motorists, so as to prohibit certain setoffs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and coverage of claims against uninsured motorists, is amended by adding a new subsection immediately after subsection (j) to read as follows:
"(k)(l) An insurer issuing a policy of motor vehicle liability insurance shall not be entitled to set off or otherwise deduct any amount paid bg an insurer under a policy of uninsured motorist coverage from any amount claimed due under the policy of motor vehicle liability insurance. For purposes of this subsection only, the term 'policy of motor vehicle liability insurance' shall be deemed not to include payments under medical payments coverage. (2) An insurer issuing a policy of uninsured motorist coverage shall not be entitled to set off or otherwise deduct any amount paid by an insurer under a policy of uninsured motorist coverage which coverage is deemed not to be primary from any amount claimed due under the uninsured motorist coverage which is deemed primary."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 930. By Representatives Porter of the 143rd, Birdsong of the 123rd, Parham of the 122nd, Smith of the 19th and Mann of the 5th:
A resolution encouraging the United States Department of Veterans Affairs to extend benefits to veterans who suffer from post-traumatic stress disorder.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 103, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1160.

By Representatives Walker of the 141st, Hudson of the 156th, Royal of the 164th and Channell of the lllth:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to enactment of binding ordinances by municipal councils, so as to provide that the governing authority of a municipal corporation may authorize the execution of a contract specifying the rates, fees, or other charges which will be charged and collected by the municipal corporation for utility services provided by the municipal corporation to one or more utility customers.

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 that the governing authority of a county, municipal corporation, or local authority may authorize the execution of a contract specifying the rates, fees, or other charges which will be charged and collected by the county, municipal corporation, or local authority for electric, natural gas, or water utility services provided by the county, munici pal corporation, or local authority to one or more such utility customers; to provide for limitations and conditions; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in Chapter 1, relating to general provisions applicable only to counties, by adding at the end thereof a new Code section, to be designated as Code Section 36-1-26, to read as follows:
"36-1-26.
The governing authority of any county in this state may authorize the execution of one or more contracts which specify the rates, fees, or other charges which will be charged and collected by the county for electric, natural gas, or water utility services to be pro vided by the county to one or more of its utility customers. Any such contract shall be subject to the following conditions and limitations:
(1) No such contract shall be for a term in excess of ten years; (2) Any such contract which is for a term in excess of two years shall include commer cially reasonable provisions under which the rates, fees, or other charges shall be adjusted with respect to inflationary or deflationary factors affecting the provision of the utility service in question; and (3) Any such contract shall include commercially reasonable provisions relieving the county from its obligations under the contract in the event that the county's ability to comply with the contract is impaired by war, natural disaster, catastrophe, or any other emergency creating conditions under which the county's compliance with the contract would become impossible or create a substantial financial burden upon the county or its taxpayers."
SECTION 2. Said title is further amended in Code Section 36-30-3, relating to enactment of binding ordinances by municipal councils, by adding at its end a new subsection (d) to read as fol lows:

WEDNESDAY, FEBRUARY 18, 1998

921

"(d) The governing authority of any municipal corporation in this state may authorize the execution of one or more contracts which specify the rates, fees, or other charges which will be charged and collected by the municipal corporation for electric, natural gas, or water utility services to be provided by the municipal corporation to one or more of its utility customers. Any such contract shall be subject to the following conditions and limitations:
(1) No such contract shall be for a term in excess of ten years; (2) Any such contract which is for a term in excess of two years shall include commer cially reasonable provisions under which the rates, fees, or other charges shall be adjusted with respect to inflationary or deflationary factors affecting the provision of the utility service in question; and (3) Any such contract shall include commercially reasonable provisions relieving the municipal corporation from its obligations under the contract in the event that the municipal corporation's ability to comply with the contract is impaired by war, natural disaster, catastrophe, or any other emergency creating conditions under which the municipal corporation's compliance with the contract would become impossible or cre ate a substantial financial burden upon the municipal corporation or its taxpayers.
SECTION 3. Said title is further amended in Chapter 80, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, by adding at the end thereof a new Code section, to be designated as Code Section 36-80-17, to read as follows:
"36-80-17.
(a) As used in this Code section, the term 'local authority' means an instrumentality of one or more local governments created to fulfill a specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose independent of a county or municipality, regardless of name; provided, however, that the term 'local authority' does not include a state authority. A local authority may have been created by local constitutional amendment, general statute, or local law. (b) The governing body of any local authority which is authorized to provide electric, natural gas, or water utility services in this state may authorize the execution of one or more contracts which specify the rates, fees, or other charges which will be charged and collected by the local authority for electric, natural gas, or water utility services to be provided by the local authority to one or more of its utility customers. Any such con tract shall be subject to the following conditions and limitations:
(1) No such contract shall be for a term in excess of ten years; (2) Any such contract which is for a term in excess of two years shall include commer cially reasonable provisions under which the rates, fees, or other charges shall be adjusted with respect to inflationary or deflationary factors affecting the provision of the utility service in question; and (3) Any such contract shall include commercially reasonable provisions relieving the local authority from its obligations under the contract in the event that the local authority's ability to comply with the contract is impaired by war, natural disaster, catastrophe, or any other emergency creating conditions under which the local authori ty's compliance with the contract would become impossible or create a substantial financial burden upon the local authority or its taxpayers."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representatives Mills of the 21st and Stancil of the 16th move to amend the Committee substitute to HB 1160 as follows:
On page 2, line 3 and line 34 and on page 3, line 37 after the word "and" insert

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"shall provide that water or sewer fees charged to customers located outside the geo graphic 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; and".

The Committee substitute was adopted.

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

Y Alien Y Andersen
YAihe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates Y Benefield YBirdaong Y Bohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
YBuck YBuckner YBunn
Burkhalter
YByrd Campbell
Y Canty YCaah Y Channel! YChilden Y Clark YCoan
Coleman, B Y Coleman, T Y Council
Y Cooper E Crawford
Y Crews

Y Culbreth Y CummingB YDavis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G EDii YDizon YDobba Y Dukes YEhrbart YEpps Y Evans YEverett
Felton YFloyd Y Franklin
Golden Y Graves YGreene YGrindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall
YHenson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James
Jamieson Y Jenkina
Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall E McClinton
YMcKinney Y Mills Y Mobley Y Moeley YMueller YO'Neal
Orrock YParham

Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Ponder
Y Porter EPoweU YPurcell YRagas YRandall YRay
Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder YScarlett
Scheid Y Scott Y Shanahan YShaw YSherrill 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 YSneUing
Snow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y TUlman
Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B E Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 Anno tated, 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.

The following Committee substitute was read and adopted:

WEDNESDAY, FEBRUARY 18, 1998

923

A BILL
To provide for legislative findings; 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 the rape of a person who is less than 12 years of age on the date of the offense and the penalty for aggravated sodomy of a person who is less than 12 years of age on the date of the offense; to provide for the imposition of the death penalty for such offenses; to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide for the imposition of the death penalty for the rape of a person who is less than 12 years of age on the date of the offense and to provide for the imposition of the death penalty for aggravated sod omy of a person who is less than 12 years of age on the date of the offense; to provide for additional aggravating circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly of Georgia finds and declares that it is the public policy of this state to protect children from the heinous crimes of rape and aggravated sodomy. While the General Assembly recognizes the decision of the Supreme Court of the United States in the case of Coker v. Georgia. 433 U.S. 584, 97 S.Ct. 2861, 53 L.Ed.2d 982 (1977), revers ing a sentence of death imposed for the rape of an adult, it is the belief of the General Assembly that the Supreme Court of the United States did not prohibit or express any intention to prohibit the imposition of the death penalty for such crimes against children. In recognition of the serious increase in the incidence of these terrible sexual offenses against children and the devastating results of the offenses, society has an obligation to impose the ultimate penalty for these offenses against children.
SECTION 2. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by inserting in Code Section 16-6-1, relating to rape, a new subsec tion (b.l) to read as follows:
"(b.l) Notwithstanding the provisions of subsection (b) of this Code section, a person convicted of the offense of rape of a person who is less than 12 years of age on the date of the offense shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of rape of a person who is less than 12 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
SECTION 3. Said chapter is further amended by inserting in Code Section 16-6-2, relating to sodomy and aggravated sodomy, a new subsection (b.l) to read as follows:
"(b.l) Notwithstanding the provisions of subsection (b) of this Code section, a person convicted of the offense of aggravated sodomy of a person who is less than 12 years of age on the date of the offense shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of aggravated sodomy of a person who is less than 12 years of age on the date of the offense shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
SECTION 4. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by striking subsection (b) of Code Section 17-10-30, relating to the procedure for the imposition of the death penalty generally, and inserting in lieu thereof the following:
"(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law

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and any of the following statutory aggravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony; (2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree; (3) The offender, by his act of murder, armed robbery, or kidnapping, knowingly cre ated a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; (4) The offender committed the offense of murder for himself or another, for the pur pose of receiving money or any other thing of monetary value; (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or solicitor-general was commit ted during or because of the exercise of his or her official duties; (6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person; (7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim; (8) The offense of murder was committed against any peace officer, corrections employee, or fireman while engaged in the performance of his official duties; (9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; e* (10) The murder was committed for the purpose of avoiding, interfering with, or pre venting a lawful arrest or custody in a place of lawful confinement, of himself or another?; or (11) The offense of rape or aggravated sodomy was committed against a person who was less than 12 years of age on the date of the offense."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

N Alien NAndereon
Ashe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates YBenefield YBirdsong Y Bohannon
Bordeaux Y Bradford Y Bnedlove N Bridges N Brooks Y Brown YBuck YBuckner Y Bunn
Burkhalter

Y Bytd Y Campbell Y Canty Y Cash Y Channell Y Childers Y Clark Y Coan YColeman, B
Coleman, T Y Connell Y Cooper E Oawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G E Dii

N Dixon Y Dobbs N Dukes Y Ehrhart N Epps
Evans Y Everett Y Felton Y Floyd Y Franklin
Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y HeckstaU
Hegstrom N Henson

Y Holland Holmes
Y Houston N Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Y Irvin Y Jackson N James
Jamieson Y Jenkins
Johnson Y Johnston Y Jones
Joyce Y Kaye Y Ladd Y Lakiy
Lane Y Lee

Y Lewis Y Lord N Lucas
Maddoz Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee
McCall E McClinton Y McKinney Y Mills N Mobley Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons

WEDNESDAY, FEBRUARY 18, 1998

925

NPelote Y Perry YPinholster Y Poag NPolak
Ponder Y Porter EPowell YPurcell NRagas NRandall YRay Y Reaves Y Reichert

YRice Y Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett
Scheid Y Scott Y Shanahan Y Shaw Y SherriU Y Shipp

Y Sims N 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 N Smyre Y Snelling Y Snow Y Stallings

Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor E Teague N Teper Y Thomas Y Tillman Y Titus Y Tolbert Y Trense
Turnquest

Y Twiggs Y Walker, L Y Walker, R.L N Watson 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 127, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1086 was postponed until Thursday, February 19, 1998.

HB 1101. By Representatives Childers of the 13th, Martin of the 47th, Hudson of the 120th, Culbreth of the 132nd, Shaw of the 176th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create health care authorities in every county and munici pality in the state.

The following Committee substitute 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 substantially revise Article 4 thereof, the "Hospital Authori ties Law"; to change the provisions regarding definitions; to change the composition and manner of appointment of such authorities and the provisions relating to vacancies and terms of office; to change certain limitations regarding the area of operation of such authorities; to change the provisions regarding hospital authority mergers; to change the provisions regarding additional hospital authorities in certain counties; to change the pro vision regarding qualifications and compensation of authority members; to provide for removal of authority members; to change the provisions regarding powers and duties of such authorities; to change the provisions regarding required trust funds for proceeds from the sale or lease of certain hospitals and the use of such funds; to change the provisions regarding actions when it appears a hospital authority has ceased to perform minimum functions; to clarify the prohibition regarding operation or construction of projects for a profit; to change the provisions regarding issuance and sale of negotiable revenue anticipa tion certificates; to exempt certain such certificates from confirmation and validation; to provide for moneys and contributions received by an authority and provide for receipt of tax revenues and contracts relating thereto; to change the provisions regarding hospital authority budgets and procedures relating thereto; to change certain provisions regarding local government property acquired by such authorities; to change the provisions regarding disposition of property upon dissolution of such authorities; to change the provisions relat ing to grants to hospital authorities and payments for residency programs at teaching hos pitals; to provide for immunity for certain anticompetitive activities as governmental activities; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, is amended by striking Article 4, the "Hospital Authorities Law," in its entirety, and inserting in its place the following:

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"ARTICLE 4
31-7-70.
This article shall be known and may be cited as the 'Hospital Authorities Law.'
31-7-71.
As used in this article, the term: (1) 'Area of operation' means the area within the eity or eewnty activating atrtherttyr Seh tci'in shaH alse mean any ether eity e* county in which the authority wishes
tO OpCFQtO f pFOVlflCQ TnG JfOVCMl 1H^ flUMlOI 11168 ftHu Tn6 OO8JPC1 'Ox ftTiy flOSpiwn ftUtHOPl"
ties ef seh eity and eetmty *eqest * approve seh operation any city or county, whether or not contiguous, in which an authority owns or operates projects. (2) 'Authority' or 'hospital authority' means any public corporation created by this article. (3) 'Authority board' means the duly appointed members of any authority created under this article. (4) 'Certificates,' 'revenue certificates,' or 'revenue anticipation certificates' means the certificates, bonds, notes, bond anticipation notes, interim certificates, or other evi dences of indebtedness issued by an authority under Code Section 31-7-78. (5) 'Cost' means, with respect to any project or projects:
(A) All or any part of the costs of the acquisition, construction, alteration, repair, improvement, modernization, and other charges incident thereto in connection with any project or projects; (B) All costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided inter est therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the securing of such franchises, permits, approvals, licenses, and certificates and the preparation of applications therefor; (C) All machinery, equipment, furniture, fixtures, and other supplies to be installed in or located at any project or projects: (D) Financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation; (E) Costs of engineering, architectural, and legal services related to any project; (F) Fees paid to fiscal agents for financial and other advice or supervision related to any project; (G) Costs of plans and specifications and all expenses necessary or incidental to determining the feasibility or practicability of any project; and (H) Administrative expenses and such other expenses as may be necessary or inci dental to the acquisition, construction, alteration, repair, modernization, and equip ping of any project authorized in this article. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part <rf the costs of a project and may be paid or reimbursed as such out of the proceeds of revenue certificates issued under this article. (3H6) 'Governing body' means the elected or duly appointed officials constituting the governing body of a eity er county political subdivision. {4K7) 'Participating units' or 'participating subdivisions' means any two or more counties, or any two or more municipalities, or a combination of any county and any municipality acting together for the creation of an authority. (8) 'Political subdivision' means each county and municipal corporation for which a hospital authority was created. {6M9) 'Project' includes the acquisition, construction, and equipping ef alteration, repair, improvement, or modernization of and the acquisition and installation of equipment, machinery, furniture, fixtures, and other items of personal property in hospitals, health care facilities, dormitories, office buildings, any inpatient or outpa tient clinics, housing accommodations, ambulatory surgery centers, nursing homes, rehabilitation centers, extended care facilities, hospices, personal care homes, home health agencies, and other pabKe health facilities for the use ef patients and officers

WEDNESDAY, FEBRUARY 18, 1998

927

and employees of any institution under the supervision and control of- any hospital
deemed necessary or desirable by_ the authority to promote the public health needs of the community^ as well as and all utilities^ services, and facilities deemed by the authority necessary or convenient for the efficient operation thereof. Saeh term may
tuflO mClUuC uHy auCII 1Q8tItUtlOH8t mili'tl69) CUld tAC111UC8 lOCAcCCt OUtSluC vfiG City OP
equipping, and operation thereof- is requested or approved by the governing bodies- of oucju Grey emu county IR WHICH tnc project 19 locAteci find &y TR& ooAPCt of fttty fiospitAl authorities located within stteh city and county or provided that the acquisition, eon-
GQuippintj &AQ. opeF&tion is to oc locftcoct m TOO &TC& of opcffttioii of authority There may be included as part of any such project all improvements neces sary to the full utilization thereof, including, without limitation, site preparation. roads and streets, sidewalks, water supply, outdoor lighting, bridges, causeways, or transportation facilities incidental to the project. {6}(10) 'Resolution' means the resolution or ordinance to be adopted by governing bodies pursuant to which authorities are established.
31-7-72.
(a) There is created in and for each county and municipal corporation of the state a public body corporate and politic to be known as the 'hospital authority' of such county or city, which shall consist of a board of not less than five nor more than nine 13 mem bers to be appointed by the governing body of the such county or municipal corporation of- the area of operation for staggered terms as specified by resolution of the governing body. The number of members of any hospital authority as of Mareh 4; 4984 June 30, 1998, may be increased fey not more than two additional members so that the total num ber of members does not exceed 13 by the adoption of a resolution of the members of the hospital authority, and such additional members shall be appointed through the same process used for filling vacancies which was in effect lor such hospital authority on January 4; 1084. Whenever an appointment to SB a vacancy en the board of- any hos pital authority is made; either for an uncapifcd term or a fH term; consideration shaft be given as to whether a licensed doctor of medicine or registered nurse currently serves on aueh authority. If- no liccnaed doctor of medicine or registered nurse currently serves on sueh authority, then consideration shaH he given to the nomination and ehoiee of a
resolution was adopted. No authority created under this Code section shall transact any business or exercise any powers under this Code section until the governing body of the area of operation county or municipal corporation for which the authority was created shall, by proper resolution, declare that there is need for an authority to function in such county or municipal corporation. Copies of a resolution so adopted and any resolu tion adopted by the governing body providing for filling vacancies in the membership of the authority or making any changes in membership shall be filed with the depart ment. (b) Appointments to fill vacancies on the board of any hospital authority activated on or after Mareh 4o> 4964 July 1^ 1998, for either an unexpired or full term as fixed in the original resolution or ordinance creating the authority, shall be made as follows:
(1) The governing body of the area of operation authority board shall submit a list of three eligible persons to the board of the hospital authority governing body or bodies for such authority; (2) The board at its next regular meeting Within 45 days of its receipt of such list, such governing body shall either select one of the three persons named in such list or decline to select any of the persons named in the list. If the board such governing body declines to select any of the persons named on the list, it shall so notify the gov erning body authority board; and (3) Upon receipt of notification that the board governing body has declined to select any of the persons named in the governing bodyAs authority board's list, the governing body authority board shall submit a second list of three eligible persons, no one of whom was named on the first list, to the board of the hospital authority governing

928

JOURNAL OF THE HOUSE,

body or bodies for such authority. The board at its nest regular meeting after receipt of sttdTseeend list Within 45 days of its receipt of such list, the governing body shall select one of the three persons named in the second list. (c) Appointments to fill vacancies for either an unexpired or full term on the boards of all hospital authorities in existence prior to March H>j 1064 July l 1998, shall be gov erned fey the terms of- et resolution adopted prescribing the manner by which vacancies are fitted; unless changed by local legislation e* constitutional amendment, made as fol lows: (1) Prior to September 1^ 1998, the authority board shall adopt a resolution electing to have "the vacancies filled on such board either pursuant to the provisions of subsec^ tion (b) of this Code section or in the same manner as such appointments were fille3 on June 30, 1998. If the authority board does not adopt such resolution by such date or does not file such resolution as required by. paragraph (2) of this subsection within 30 days after such adoption, vacancies on such board shallbe filled in the same man ner as such vacancies were filled on June 30, 1998. (2) After said resolution has been formally adopted by the authority board, it shall
be filed with the governing body or bodies for such authority. Such resolution which has been adopted and filed as provided by this subsection shall become effective upon the sixtieth day following such adoption unless any governing body of such authority
votes to veto such resolution. Otherwise, all appointments to fill vacancies thereafter shall be governed by the terms of such resolution, when adopted and filed as provided in this subsection, unless changed by local legislation. No resolution may be adopted
pursuant to this subsection if local legislation enacted in 1997 or 1998 established the method of filling vacancies. (d) Any two or more counties or any two or more municipalities or any county or municipality, or a combination of any county and any municipality, by a like resolution
or ordinance of their respective governing bodies, may authorize the exercise of the pow ers provided for in this article by an authority. The membership of such authority
affected by like resolutions of the respective governing bodies of any two or more of the governing bodies of the participating units shall be not less than five nor more than 15 members, the terms and distribution of members between the participating units to be
provided for by the resolutions adopted by the governing bodies of the participating units. The resolutions of the governing bodies of participating units acting together for the creation of an authority may be amended by the governing bodies of the participa ting units from time to time.
(e)(l) Nothing in this Code section is intended to invalidate any of the acts of existing boards of authorities. Hospital authorities shall be granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by hospital authorities as provided for
under this title. (2) Notwithstanding the provisions of paragraph (1) of this subsection or any other
law to the contrary, any real property in which 50 percent or more of the floor space thereof, excluding halls, corridors, and public spaces, is rented or leased by persons, firms, or corporations engaged in or conducting a private for profit business or profes
sion owned by a hospital authority which is located in a county having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census or owned by any subsidiary or affiliate thereof and which hospital
authority or subsidiary or affiliate thereof operates a hospital containing more than 100 beds, shall be subject to all state, county, and municipal ad valorem taxes in the
same manner as other private property. \i) i. lie project or projects or ftft flutftority CFCflcCOV oy two or HiOPC' connties or two or mere municipalities, er combination ef any eeanty and any municipality may be
located outaidc ef the area ef the sponsor's operation when it is determined fey the trwt-

TnG EUPCft Or 8CFV1CC CU101 Wlullfk TB flHiCS Of tilG ilOSpltfll lOCfttlOIl OP WluiHi TS flxttCS Of tAC
sponsoring eemrty er municipality, whichever ts farther. {g){ Hospital authorities created pursuant to this Code section shall have perpetual existence.

WEDNESDAY, FEBRUARY 18, 1998

929

31-7-72.1. (a) A hospital authority activated tor a enty pursuant te Code Seetie 31-7-70 may be merged with a any other hospital authority whether or not located in the same county, activated (or that eettnty under Code Section 31-7-72 upon compliance with this

Code section and approval by resolution of the governing authority ef the eettnty

which the authorities are located each governing body for such authority. A majority of

the board of each such hospital authority must approve such merger by a resolution which is adopted by each such board and is filed with the department. That resolution shall set forth:
(1) The name of each hospital authority planning to merge and the name of the sur viving hospital authority into which each plans to merge; and (2) The terms and conditions of the planned merger.

(b) The merger authorized by subsection (a) of this Code section shall not become effec tive until the governing authority ef- the eetmty ef- operation bodies of the merging hes-

pttete authorities appoint appoints the members of the board of the surviving hospital authority by proper resolution and files file copies of such resolution with the depart

ment. The governing authority body is not required but is authorized to appoint as a member of the surviving hospital authority any member of a hospital authority planning to merge. The board of the surviving hospital shall consist of not more than 15 members

with initial appointments for such staggered terms as provided in the resolution of the eeanty governing authority body. Appointments to fill vacancies for either an unexpired

or full term shall thereafter be filled as authorized for an authority under aubacction {e}

ef Code Section 31-7-72. The surviving hospital authority shall be in all other respects a hospital authority created under Code Section 31-7-72.

(c) A county whose hospital authorities have merged under the authority of this Code section shall not thereafter be prohibited from activating a hospital authority under Code Section 31-7-73.

(d) When a merger under this Code section takes effect: (1) Each hospital authority party te participating in the merger merges into the sur

viving hospital authority and the separate existence of each such hospital authority

except the surviving hospital authority ceases;

(2) The ownership of and authority to operate the hospitals owned by each hospital authority and the title to all real estate and other property owned by each hospital

authority party te participating in the merger is vested in the surviving hospital authority without reversion or impairment subject to any and all conditions to which

the property was subject prior to the merger; (3) The surviving hospital authority has all liabilities and obligations of each hospital

authority party te participating in the merger; and (4) A proceeding pending against any hospital authority party te participating in the

merger may be continued as if the merger did not occur or the surviving hospital

authority may be substituted in the proceeding for the hospital authority whose exis

tence ceased. (e) It is declared by the General Assembly of Georgia that in the exercise of the power

specifically granted to them by this Code section, hospital authorities are acting pursu ant to state policy and shall be immune from antitrust liability to the same degree and

extent as enjoyed by the State of Georgia.

31-7-73.

(a) Any other provision of this article to the contrary notwithstanding, there is created

in and for each county of this state having a population of 100,000 or more according

to the United States decennial census of 19TO 1990 or any future such census a pttbfe

bedy corporate and peKtie te be fcnew as the '

Hospital Author-

ityr one or more additional authorities. Each such hospital authority shall be created

and initially appointed in the same manner as provided in Code Section 31-7-72 but

shall be a separate entity and in addition to the hospital authority of each county of

this state created pursuant to Code Section 31-7-72.

(b) Each such additional hospital authority shall consist of a board of not less than five nor more than nine 13 members to be appointed by the governing body of each such

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JOURNAL OF THE HOUSE,

county for staggered terms, as specified by resolution of the governing body. No hospital authority created under this Code section shall transact any business or exercise any powers under this Code section until the governing body of each such county declares by proper resolution that there is a need for an additional hospital authority to function within such county, which resolution shall also determine and declare that such hospital authority is being created pursuant to this Code section and shall adopt a designation for the hospital authority so as to reflect that it is a separate and distinct entity from the hospital authority created pursuant to Code Section 31-7-72. A copy of such resolu tion shall be filed with the department. Copies of any resolutions adopted by the gov erning body of the county for the purpose of filling vacancies in the membership of the hospital authority or for making any changes in membership shall also be filed with the department. (c) Appointments to fill vacancies on the board of any such hospital authority shall be made as provided in Code Section 31-7-72. (d) All provisions of this article, including, but not limited to, the rights, powers, duties, obligations, and exemptions from taxation provided thereby for hospital authorities shall apply to the additional hospital authorities created pursuant to this Code section and the hospital authorities so created shall, in all respects, to the extent applicable for the purposes of this chapter article, be treated as though they had been created pursuant to Code Section 31-7-72. (e) It is declared that this Code section shall be cumulative of and supplemental to Code Section 31-7-72 and not in lieu thereof. It is expressly provided that nothing con tained in this Code section shall invalidate or abrogate any of the actions or obligations of existing hospital authorities created pursuant to Code Section 31-7-72 and further that nothing contained in this Code section shall be construed as adversely affecting the rights and interests of the holders or owners of any bonds, certificates, or obligations now or hereafter issued by such existing hospital authorities.
31-7-74.
The members of a hospital authority shall be residents of one of the participating write comprising political subdivisions for the authority. Physicians and other health care pro viders are not prohibited from serving as members. h requirement of- residence shall Rot ftppiy to flutriontics ftctivfltcd undo? suDscctiOR \Q/ 01 oouc DGCIIOH oi. tm \ &t proTM vktett they are selected frem within the area f sewee md within 4S miles f the hospi tal location within 42 mSea ef- the sponsoring county er municipality, whichever is farther. The members shall elect one of their number as chair and another as 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 amount not to exceed $100.00 $300.00 per month. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, offi cers, agents, or employees such powers and duties as may be deemed necessary and proper.
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 per cent 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 relation ships:

WEDNESDAY, FEBRUARY 18, 1998

931

(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 services;
(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; or (3) Any transaction by a board member or a board member's family where the amount of all transactions between the parties is $1,000.00 or less in any one year. (e) A transaction in which any member of an authority has a financial interest or rela
tionship 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 dis closed 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 pro vided at a meeting of the board;
(4) At the time of approval, the members approving the transaction in good faith rea sonably 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 lim
ited 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.

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(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. (k) The provisions of this Code section shall apply to those individuals serving as mem bers of an authority who are appointed or reappointed on or after July 1, 1997. However, this Code section shall apply to all members of an authority, regardless of appointment date, serving on or after July 1, 1998.
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 dis charge 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.
31-7-74.3. (a) No hospital which is owned by a hospital authority may be sold or leased to a for profit entity, a not for profit entity, or another hospital authority unless a public hearing regarding such action is held in the county where such hospital is located at least 60 days prior to such sale or lease becoming effective. In the event there is more than one participating unit for an authority, a hearing shall be held in each participating unit's county at least 60 days prior to the sale or lease becoming effective. The hospital authority must publish notice of the hearing at least three times, with the first such notice appearing at least 60 days prior to the hearing in the legal organ of each partici pating unit. At each such public hearing, the hospital authority shall describe, discuss, or otherwise disclose:
(1) The reasonably foreseeable adverse and beneficial effects of such lease or sale upon health care in the service area of the hospitals to be leased or sold, and, for pur poses of this paragraph, the service area shall include the county in which the hospital is located and each adjoining county; (2) A financial statement indicating the estimated value of the total assets and liabili ties to be transferred or received in the transaction; however, if the value of any indi vidual asset exceeds $100,000.00, a description and the value of such assets shall be indicated on the financial statement; and (3) The resumes of the top five executive officers who will manage the facility after it is sold or leased. This subsection shall not apply to any transaction which is subject to the provisions of Code Section 31-7-89.1 8 seh 6ede section may be enacted by HB 600 dttrmg the 199? regular session ef- the General Assembly. (b) No hospital which is owned by a hospital authority may be leased to another person, corporation, or business entity, other than as provided in paragraphs paragraph (23) and {34} of Code Section 31-7-75, unless such lease requires that: (1) At least one member of the hospital authority will serve as a full voting member upon the governing body or local board of the business entity exercising control and management powers over the leased hospital; and (2) The governing body or local board of the business entity exercising control and management powers over the leased hospital submits to the governing authority of each county in which the hospital is located, within 90 days after the close of the cal endar year or that entity's fiscal year, a complete and detailed financial statement for that entity. (c) Provisions of a lease required by subsection (b) of this Code section may not be renegotiated or otherwise altered or amended for the duration of such lease.
31-7-74.4. Each authority member shall serve for the term specified at the time of such member's appointment and shall continue in office thereafter until such member's successor has

WEDNESDAY, FEBRUARY 18, 1998

933

been appointed and qualified or until such member's earlier death, resignation, retire ment, disqualification, or removal. Any member may be removed for cause upon a vote of two-thirds of the remaining authority board members then in office^, with cause to include such member's failure to regularly attend auth.o-r-i.t.y^ m--e.e.t,,in,,g,. failure to^dilT g,,--ent-l.y. a--tte--n--d ^to _his. ^or -- her d--uties a_s a_n a--ut-hority memh r,. _f_a_i_l_ure. _to^ m__e.e..t t.h.._e q,u--al--ifi.c._ations for membership established in this article, or failure to meet any other requirement in the authority's bylaws. Any member so removed shall be entitled to notice and oppor tunity for a hearing, and the authority's bylaws shall so provide.
31-7-75.
Every hospital authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectu ate the purposes and provisions of this article, including, but without limiting the gener ality of the foregoing, the following powers:
(1) To sue and be sued; (2) To have a seal and alter the same; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To acquire by purchase, lease, or otherwise and to operate projects^ facilities, and related services: (5) To provide, through its projects and facilities or otherwise, any services deemed necessary or desirable by the authority to promote the public health needs of the com munity, including but not limited to hospice services, assisted living,"Eome health ser vices, durable medical equipment, emer ;ency and nonemergency transportation services, and any personnel, utilities, an< equipment related thereto, provided the authority complies with the provisions of~5! lapter 11 of Title 31; fl>M6) To construct, reconstruct, improve, alter, and repair projects; {6>(7) To sell to others, or to lease to others for any number of years up to a maxi mum of 40 years, any lands, buildings, structures, or facilities constituting all or any part of any existing or hereafter established project. Ift the event ft hospital authority undcrtakcB to sett a hospital facility, stteh authority shall, prior to the execution ef contract ef sate; provide reasonable public netiee of seeh sale and provide -for a public hearing te receive comments frem the pttblie concerning such sate This newer shaU be unaffected by the language st forth m paragraph (13} ef this- Code section or any-
tiieretrofit unless ^roirts of ASBist&iiee iictvc oeen received ~oy toe authority with respect to seh lands; buildings, structures, er facilities, in which ase
obtained prior to selling er leasing to ethers within 26 years ftfter completion ef en-

ethers any project, provided that the authority shall have first determined that such
facilities available in the community er by lowering the eest ef- health eare in the eeavBiuitnjf AHQ tfiQt tue flutriowvy 9iiAii nflvc fGuuneu 9u.liiciont control ovci? flny projccv se leased se as to ensure that the lessee will net in any event obtain mere -titan *easonADie fflte o petufft OR its investnsent flu tiie project wriicii FCASOHQDie rflte ot
if and when realized fey stteh lessee, shall net contravene in any way the man-
fnTth in fioHr Rf*pf"ifin QI _7_'77 jinf>pifvi r> cr tVi/it nfi nnthnritv nVifill nrtprfiivn Ar
construct any project for profit. Any lessee shall agree in the lease to pay rent suffi cient in each year to pay the principal of and the interest on any revenue anticipation certificates proposed to be issued to finance the cost of the construction or acquisition of any such project and to pay off or refinance, in whole or in part, any outstanding debt or obligation of the lessee (including any redemption or prepayment premium due thereon) which was incurred in connection with the acquisition and construction of facilities of such lessee and the amount necessary in the opinion of the authority to be paid each year into any reserve funds which the authority may deem advisable to be established in connection with the retirement of the proposed revenue anticipa tion certificates and the maintenance of the project. Any such lease shall further pro vide that the cost of all insurance with respect to the project and the cost of

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maintenance and repair thereof shall be borne by the lessee. In carrying out a refi nancing plan with regard to any outstanding debt or obligation of the lessee which was incurred in connection with the acquisition and construction of facilities of such les see, the authority may use proceeds of any revenue anticipation certificates issued for such purpose to acquire such outstanding debt or obligation, in whole or in part, and may itself or through a fiduciary or agent hold and pledge such acquired debt or obli gation as security for the payment of such revenue anticipation certificates. The powe*s granted in this paragraph shftH be unaffected by the language set forth- in paragraph (43) ef this Cede section er any implications arising therefrom tttttess grants
which ease approval in writing as set forth m paragraph (43)-of-this- Gede section shaft be obtained prie* te teasing te ethers within 30 years after- completion ef- construction. Any revenues derived by the authority from any such lease shall be applied by the authority to the payment of any revenue anticipation certificates issued in connection with the acquisition and construction of the project and the payment, in whole or in part, of any outstanding debt or obligation of the lessee which was incurred in connec tion with the acquisition and construction of facilities of such lessee (including any redemption or prepayment premium due thereon) or to the payment of any other expenses incurred in connection with acquiring, financing, maintaining, expanding, operating, or equipping the project; (8) To extend credit or make loans to others for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by such loan agreements, mortgages, security agreements, contracts, or other instruments or fees or charges, for a term not to exceed 40 years, and upon such terms and condi tions as the authority shall determine reasonable in connection with such loans, including provisions for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code section in connection with a project, to require the inclusion in any contract, loan agreement, security agreement, or other instrument such provisions for guaranty, insurance, construction, use, opera tion, maintenance, and financing of a project as the authority may deem necessary or desirable; (9) To acquire, accept, or retain equitable interests, security interests, or other inter ests in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the author ity; (10) To establish rates and charges for the services and use of the facilities and projects of the authority; (11) To accept gifts, grants, or devises of any property; (12) To acquire by the exercise of the right of eminent domain any property essential to the purposes of the authority; (13) To sett er tease within 30 yeafs after the completion ef construction ef properties
have been received frem federal er state govemmcnto, ether seh action has first been approved by the department in writing extend credit or make loans to others for pur poses other than those specified in paragraph (8) of this Code section, which credit or loans may be secured by such loan agreements or other contracts or instruments for a term not to exceed 40 years and upon such terms and conditions as the authority shall determine reasonable in connection with such loans; (14) To exchange, transfer, assign, pledge, mortgage, or dispose of any real or personal property or interest therein;
(15) To mortgage, pledge, or assign any revenue, income, tolls, charges, or fees received by the authority;
(16) To issue revenue anticipation certificates or other evidences of indebtedness which do not constitute revenue anticipation certificates for the purpose of providing funds to carry out the duties of the authority; provided, however, that the maturity of any such indebtedness shall not extend for more than 40 years;

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(17) To borrow money and to execute notes or other evidence of indebtedness for any corporate purpose; (18) To appoint^ engage, and terminate officers, agents, and employees; (19) To make use of any facilities afforded by the federal^ state, or local government or any agency or instrumentality thereof; (20) To receive, from the governing body of political subdivisions issuing the same, proceeds from local option sales tax revenues where otherwise authorized by law, the sale of general obligation bondSj or other eetmty governmental obligations issued for hospital authority purposes; (21) To exercise any or all powers now or hereafter possessed by private corporations performing similar functions unless such power is specifically prohibited by. this article: (22) To make plans for unmet needs of their respective communities;
\oj L o coinvQCo lor me mflin^omcnv cund operation of uic project oy t hoapitnl e* medical facilities consultant e* management finh Each such contract feeprife fee conaultant or firm contracted with td past a suitable and sufficient bond; <34H23) To provide management, consulting, and operating services including, but not limited to, administrative, operational, personnel, clinical, and maintenance services to another hospital authority, hospital, health care facility, as saW tena is defined m Chapter 6 of this title, county board of health, regional planning board established pursuant to Code Section 31-2-4.1, community service board established pursuant to Code Section 37-2-6. person, firm, corporation, or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transac tions; to receive management, consulting, and operating services including, but not limited to, administrative, operational, personnel, clinical, and maintenance services from another such hospital authority, hospital, health care facility, county board of health, regional planning board established pursuant to Code Section 31-2-4.1. com munity service board established pursuant to Code Section 37-2-6, person, firm, corpo ration, or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services without regard to the location of the parties to such transactions; {36)(24) To provide financial assistance to individuals for the purpose of obtaining educational training in medicine, nursing^ or another health care field if such individu als are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority or to provide professional ser vices at any project of such authority upon completion of such educational training;
(25) To provide services and financial assistance to private not-for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens; and (26) e CKcrciac the same powers granted te- joint authorities m subsection (ft of Gede Section 31-7-73! and
{37} To form; own, and operate, either directly or indirectly, provider sponsored health care corporations or one or more networks of hospitals, physicians, and other health care providers and to arrange for the provision of health care services through such corporations or networks; to contract, either directly or through such corpora tions or networks, with payers, including, but not limited to, the Department of Medi cal Assistance^ to provide services te Mcdicaid beneficiaries to provide health care services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basts; and to undertake other managed health care activities deemed necessary or convenient b^ the authority; provided, however, that for purposes of this paragraph only and notwithstanding the provisions of Code Section 33-3-3, as now or hereafter amended, a hospital authority shall be permitted to and shall comply with the requirements of Chapter 21 of Title 33 to the extent that such requirements apply to the activities undertaken by the hospital authority pursuant to this paragraph. No

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hospital authority, whether or not it exercises the powers authorized by this para graph, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records unless otherwise authorized by law. Any feeaMt eare
yJ>JTyrViTTrliUt\Cnir* l1i1/U-QCt1i1n9nCfUl TnUl/U4OnTr fV^JVllitntTJJ^l-'fCnrr OQtf7l Tn7Tf T1P.1iDi-1lUn TAOQ Bn1hIfOt1llI TVJiCr ndliifgri1VIfi1lnC TtfOt anr^mffliiTj vfjG"i VUnOnWfiUtm1Ct
ft participating provider under stieh hospital pk er network which provides evef-
CtG t&t uCfiutn CflT 8CFV1CC9 Wf&lCxl ft?& WllfllU n& IflWIUl SCOpC Or 1118 Of JHCF PF&CUG6
provided feat nothing contained in this Gede section ahaB be construed to require any saeh hoapitol planer network te provide coverage fef any specific healthcare service.
31-7-75.1. (a) The proceeds from any sale or lease of a hospital owned by a hospital authority or political subdivision of this state, which proceeds shall not include funds required to pay off the bonded indebtedness of the sold hospital or any expense of the authority or political subdivision attributable to the sale or lease, shall be held by the authority or political subdivision or b^ a trustee or other designee of the authority or political subdi vision in an irrevocable trust fund, except that this requirement shall not apply to lease proceeds for any year when such proceeds total less than $100.000.00. Such proceeds in that fund may be invested in the same way that public moneys may be invested gener ally pursuant to general law, but money in that trust fund shall be used exclusively for funding the provision of hospital inpatient or outpatient health care for the indigent res idents of the political subdivision which owned the hospital or by which the authority was activated or for which the authority was created^ which health care may be provided by the hospital or other health care provider authorized by the owner of the hospital. If the funds available for a political subdivision in that irrevocable trust fund are less than $100,000.00 $500.000.00. the principal amount may be used to fund the provision of such indigent hoapital caret otherwise, only the income from that fund- may be uacd for that care. Such funding or reimbursement for indigent care shall not exceed the diag nosis related group rate for that hospital in each individual case. (b) In the event a hospital authority which sold or leased a hospital was activated by or created for more than one political subdivision or in the event a hospital having as owner more than one political subdivision is sold or leased by those political subdivi sions, each such constituent political subdivision's portion of the irrevocable trust fund for indigent hospital care shall be determined by multiplying the amount of that fund by a figure having a numerator which is the population of that political subdivision and a denominator which is the combined population of all the political subdivisions which owned the hospital or by which or for which the authority was activated or created. (c) For purposes of hospital care for the indigent under this Code section, the standard of indigency shall be that determined under the manner described in Code Section 31-8-43, relating to standards of indigency for emergency care of pregnant women, except that such standard shall be based upon 436 175 percent of the federal poverty level. (d) This Code section shall not apply to the following actions:
(1) A reorganization or restructuring;
(2) Any sale of a hospital, or the proceeds from that sale, made prior to April 2, 1986; and
(3) Any sale or lease of a hospital when the purchaser or lessee pledges, by written contract entered into concurrently with such purchase or lease, to provide an amount of hospital care equal to that which would have otherwise been available pursuant to subsections (a), (b), and (c) of this Code section for the indigent residents of the polit ical subdivisions which owned the hospital, by which the hospital authority was acti vated, or for which the authority was created. However, the exception to this Code section provided by this paragraph shall only apply to:
(A) Hospital authorities that operate a licensed hospital pursuant to a lease from the county which created the appropriate authority; and (B) Hospitals that have a bed capacity of more than 150 beds; and
(C) Hospitals located in a county in which no other medical-surgical licensed hospi tal is located; and

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937

(D) Hospitals located in a county having a population of less than 45,000 according to the United States decennial census of 1990; and (E) Hospitals operated by a hospital authority that entered into a lease-purchase agreement between such hospital and a private corporation prior to July 1, 1997.
31-7-75.2. Notwithstanding any other provision of law to the contrary, no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the authority or its medical facili ties and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the hospital authority governing board. Except as provided in this Code section or as otherwise pro vided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50.
31-7-76.
(a) The General Assembly declares that it is the intent of this article to provide a mech anism for the operation and maintenance of needed health care facilities in the several counties and municipalities of this state. It is the further intent of the General Assembly that, whenever an authority ceases to perform the minimum functions required for the continued operation and maintenance of needed health care facilities in the county or municipality, a procedure be made available to recognize the failure of the authority to perform these minimum functions and to provide for the orderly and responsible reorga nization of the authority. (b) Whenever it appears that an authority has ceased to perform the minimum func tions required for the continued operation and maintenance of needed health care facili ties in the county er municipality which the authority is authorized te function its area of operation, a petition may be filed in the superior court in the county where the authority's principal place of business is located requesting that the one or more mem bers of the authority be removed from office tatA that teay vacancy created fey a removal be fitted as provided Code Seetie* 81-7-72 for the initial appointment ef membera ofan authority. Each such petition shall be filed by one or more residents of the county
Hi WillCJ1 tnG flUtilOFlty 19 &UtflOPl6Cl tO IUHCtlOtl t OP Dy tftC COURty OVCril1H) ftUO1OF1ty)
the political subdivision of the authority and shall be supported by petition of a number of residents of the county that political subdivision equal to 5 percent or more of the number of electors registered to vote in the general election last held in the county that political subdivision, fe the ease ef an authority authorized te function solely- within a municipality; the petition ahaU fee filed fey- one er mere residents of the municipality which the authority is authorized te function, er fey the municipal governing authority,
QRQ fitnfizz i9& SUppOFtCu Oy petition Or ft IH1Q1D6P Or F91tlltS Or cnG mVUlldpftlliy CQUftr
test held in fee municipality. (c) Upon the filing of any petition as provided in subsection (b) of this Code section, the judge of the superior court shall set a hearing to inquire into the merits of the peti tion not sooner than ten days nor later than 30 days from the date of filing of the peti tion. The hearing may be continued, in the discretion of the judge, on motion of any party. (d) At each hearing held as provided in subsection (c) of this Code section, the judge, sitting without a jury, shall inquire into and determine the question of whether the authority has ceased to perform the minimum functions required for the continued oper ation and maintenance of needed health care facilities in the county or municipality. In making his or her determination the judge shall consider, but shall not be limited by, whether the authority has:
(1) Failed to establish and enforce rates and charges as provided in Code Section 31-7-W this article; (2) Failed to take any reasonable action when the failure has the effect of jeopardizing repayment of principal or interest, when due, on revenue anticipation certificates issued by the authority;

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(3) Failed to take any reasonable action when the failure has the effect of breaching a contract providing for continued maintenance and use of the authority's facilities and entered into with a county or municipality as provided in Code Section 81 7-86 this article; (4) Failed to make plans for unmet needs of the community as authorized by para graph {23} of Gede Section 31-7-76 this article; (5) Failed to make and file its annual report as provided in Code Section 31-7-00 this article; (6) Failed to adopt an annual budget as provided in Code Section 81-7-00 this article; (7) Failed to conduct the annual audit as provided in Code Section 31'7-01 this article; (8) Failed to report or publish the annual audit as provided in Code Section 81-7-02 this article; (9) Failed to hold at least one meeting in the preceding calendar quarter; or (10) Failed to take any other action required pursuant to this article. (e) After giving all parties an opportunity to be heard, the judge shall determine, based on the evidence presented, whether the clear and convincing weight of the evidence is that the authority has ceased to perform the minimum functions required for the contin ued operation and maintenance of needed health care facilities in the county or municipaJity area of operation. In the event the judge so decides, he or she shall order the immediate removal from office of the such member or members of the authority as the judge deems appropriate, except that no member shall be removed who demonstrates to the satisfaction of the judge his a good faith attempt to fulfill his the duties as a mem ber of the authority. In the event the court denies the petition, the petition shall be dis missed. (f) Vacancies created pursuant to this Code section shall be filled in the same manner as provided in Code Section 31-7-72 for the initial appointment of members of an authority. Vacancies created by the expiration of the term or the resignation or disabil ity of a member appointed pursuant to this Code section shall be filled as provided in Code Section 31-7-72 for the filling of vacancies.
31-7-77.
No authority shall operate or construct any project for profitj which shall mean that it - ft shall fix rates and charges consistent with this declaration of poHey find such as will produce revenues only in amounts sufficient, together with all other funds of the author ity, to pay principal and interest on certificates and obligations of the authority, to pro vide for maintenance and operation of the any project, and to create and maintain a reserve sufficient to meet principal and interest payments due on any certificates in any one year after the issuance thereof. The authority may provide reasonable reserves for the improvement, replacement, or expansion of its facilities^ projects, or services.
31-7-78.
(a) Every authority is authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates for the purpose of:
(1) Paying all or any part of the cost of the acquisition, construction, alteration, repair^ modernization, and other charges incident thereto in connection with any faeil ities or any project;
(2) Paying all or any part of the cost of paying off or refinancing any outstanding debt or obligation of any nature owed by such authority or by persons who in further ance of the authority's public purposes lease facilities from such authority pursuant to this article, provided that such outstanding debt or obligation was incurred in con nection with the acquisition or construction of facilities of the authority or any such lessee; and (3) Refunding outstanding certificates.
(b) The In addition to paying ft-em the proceeds of any revenue anticipation certificate issae interest accrued dttring the construction period of any project and other incidental and customary expenses such ea these for engineering, inspections, and fiscal end legal

WEDNESDAY, FEBRUARY 18, 1998

939

services, the authority may also fund as a part of such issue and set aside from the pro ceeds thereof an amount ef- money et exceeding H> percent ef the principal amount of seh issue funds for the purpose of establishing a debt service reserve^ with respect to the principal and interest requirements ef sweh isstte a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operation of any project or projects and as may be authorized by any bond resolution or trust agreement or indenture. The authority may issue such types of certificates as it determines appropriate, including certificates on which principal and interest are payable:
(1) Exclusively from income or revenues of the operation of the authority financed with the proceeds of such certificates or together with such proceeds and grants from the federal government, or any instrumentality, or other person or corporation in aid of such projects; (2) Exclusively from income and revenues of certain designated projects; or (3) From revenues of the authority generally, including any debt service reserve or other reserves established with a portion of the certificate proceeds. Any such certificate may be additionally secured by the hypothecation or pledging of any revenues received from participating units or subdivisions and by mortgage of the project or any part thereof constituting real or personal property of the authority, except as prohibited by law.
31-7-79.
Neither the members of an authority nor any person executing certificates on behalf of an authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of an authority shall not be, and shall so state on the face thereof, a debt of the city, the county, the state or any political subdivision thereof, or any combination of subdivisions acting jointly as provided in this article. Certificates of any authority are declared to be issued for an essential public and governmental pur pose and, together with interest thereon and income therefrom, shall be exempt from all taxes.
31-7-80.
Certificates of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates; mature at such time or times; bear interest at such rate or rates not exceeding 9 percent per annum; be in such denomina tion or denominations; be in such form, either coupon or registered; carry such conver sion or registration privileges; have such rank or priority; be executed in such manner; be payable in such medium of payment, at such place or places; and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture, or mortgage may provide. In the event that any of the members or officers of the authority whose signatures appear on any certificates or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall never theless be valid and sufficient for all purposes.
31-7-81.
(a) Certificates of an authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36; and, when validated, the judgment of validation shall be final and conclusive with respect to such certificates and against the authority issuing the same] provided, however, certificates of an authority which mature not later than five years after their date of issuance and in a principal amount less than $1 million may, but shall not be required tOj be so confirmed and validated, but certifi cates secured b_ payments to be made b^ any city or county as provided in subsection (b) of this Code section shall be so confirmed and validated. (b) In the event that the payments to be made by any city or county, under contract entered into between the authority and the subdivision, are pledged to the security or payment of revenue certificates sought to be validated, the hospital authority, as an integral part of the validation proceedings, shall have a right of action against the con tracting subdivision or subdivisions for a declaratory adjudication of the validity and

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binding effect of the contract, the actual controversy therein being whether or not the contract is in all respects valid and binding upon the subdivision or subdivisions. The subdivision or subdivisions shall be made a party or parties to the action, and it shall be incumbent on the subdivisions to defend against an adjudication of the validity of such contract or be forever bound. Notice of the proceedings shall be included in the notice of validation hearing required to be issued and published by the clerk of the superior court in which such validation proceeding is pending. Any citizen resident in any subdivision which is a party to the contract may intervene in the validation proceed ings at or before the time set for the validation hearing by order of the superior court and assert any ground or objection to the validity and binding effect of the contract on his or her own behalf and on behalf of the subdivision and all citizens, residents, and property owners thereof. An adjudication as to the validity of the contract, unexcepted to within the time provided for exceptions in Article 3 of Chapter 82 of Title 36, shall be conclusive and binding upon the subdivision or subdivisions and the resident citizens and property owners thereof.
31-7-82.
Obligations of an authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the authority. The authority may in such instruments provide for pledging of all or any part of its gross or net fees, tolls, charges, revenues, and incomes and for mortgaging of all or any part of its real or personal property and may covenant against pledging any or all of its income, revenues, tolls, charges, or fees; and the authority may further provide for the disposition of proceeds realized from the sale of any mutilated certificates and necessary provisions as to payment and redemption of such certificates. Undertakings of an authority may likewise prescribe the procedure by which certificate holders may enforce rights against the authority and provide for such rights upon breach of any covenant, condition, or obligation of the authority. Trust indentures, mortgages, or deeds to secure debt executed by an authority may provide that, in the event of default by the authority in the payment of principal and interest on certificates or obligations or breach of any covenant, a trustee or trustees appointed under the terms of the indenture, mortgage, or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession of and use, operate, and manage any project mortgaged as security for the repayment of any indebtedness of the authority and provide the terms and conditions upon which the trustee or trustees or holders of certificates may enforce any right relating to such certif icates. Such trust indentures, mortgages, and deeds to secure debt may contain such pro visions, not inconsistent with law, as may be deemed necessary or desirable by the authority.
31-7-83.
Pending use for the purpose for which received, each hospital authority created by and under this article is authorized and empowered to invest all moneys or any part thereof received through the issuance and sale of revenue certificates of the authority in any securities which are legal investments or which are provided for in the trust indenture securing such certificates or other legal investments; provided, however, that such invest ments will be used at all times while held, or upon sale, for the purposes for which the money was originally received and no other. Contributions All other moneys, contribu tions, or gifts received by any authority shall be invested as provided by the terms of the contribution or gift or2 in the absence thereof^ as determined by the authority.
31-7-84.
(a) An authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies of participating units or subdivisions as provided in this article and the execution of a contract for the use of facilities and services of the author ity by political subdivisions or participating units as authorized in Code Section 31-7-85, provision shall be made annually by such participating units or political subdivisions contracting with an authority for the payment for the services and facilities of the

WEDNESDAY, FEBRUARY 18, 1998

941

authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating units or subdivisions^ er out of tax revenues realized for the purpose of providing medical care or hospitalization for the indigent sick and others entitled to the use of the services and facilities of the authority2 or out of both general funds and such tax revenues. (b) For the purpose of providing such tax revenues as specified above, there is autho rized to be levied an ad valorem tax not exceeding seven mills, exclusive of all other taxes which may be levied by counties or by cities or by towns, from which revenues when realized there shall be appropriated annually sums sufficient to pay for the cost of the use of the services and facilities of authorities by participating subdivisions or the residents thereof pursuant to the provisions and covenants of the contract between such participating units and subdivisions and authorities. In determining the cost of such ser vices and facilities furnished pursuant to such contract, there may be included, but with out limiting same, the following:
(1) The cost of acquiring, constructing, altering, repairing, renovating, improving, operating, maintaining, and equipping projects; and (2) Principal, interest, and sinking fund and other reserve requirements in connection with the issuance of revenue certificates, bonds, or obligations by authorities to finance, in whole or in part, the cost of projects and the payment of expenses incident thereto; the cost of operating, maintaining, and repairing such projects; and the cost of retiring, refinancing, or refunding any outstanding debt or other obligation of any nature incurred by such authorities. (c) Whenever the fiscal operations of any county feHmg within the classification of this chapter providing tax revenues to an authority under this Code section are governed by any state statutory budget law applicable to the fiscal affairs and budget of such county, the governing authorities bodies of such county shall have full power and authority hereunder to require the hospital authority to conform, in whole or in part, to the same bud getary procedures as are made binding by statute upon the county government itself.
31-7-85.
(a) For the purpose of using such facilities, any city or county is authorized by action of its governing body to enter into contracts with an authority for such periods of time not exceeding 40 years as shall be necessary to provide for the continued operation, maintenance^ and use of the facilities of an authority. Sums due and payable under such contract shall be determined from year to year during the period of such contract and no sums shall be paid for the services in excess of the amounts necessary to provide for the maintenance and operation of projects of authorities and such sums as shall be nec essary to provide adequate and necessary facilities for medical care and hospitalization of the indigent sick, including reasonable reserves necessary for expansion and necessary for the payment of the cost of facilities of the projects, provided that any such contract may obligate a city or county or any combination thereof to pay for such services a fixed and definite minimum sum each year based or calculated upon the anticipated cost of such services including the cost and expense of making the facilities of the authority available for the furnishing and performance of such services. The contracts authorized under this Code section to be entered into between cities or counties or any combination thereof and an authority may provide for the conveyance or lease of any existing hospi tal facilities or projects to an authority created by any such cities or counties for a nomi nal consideration only, provided that such conveyance shall contain a clause providing that, upon dissolution of the authority, such hospital facilities or projects shall revert to the city or county conveying the same to the authority and provided, further, that no property so conveyed may be mortgaged or in any way given as security for an indebted ness of the authority; this limitation is not to be construed as limiting the right of the authority to pledge or hypothecate revenues which may be realized by the authority from the operation of any property so conveyed to the authority. (b) When, in accordance with this article, any county shall activate a hospital authority for such county and such authority shall acquire or construct or shall make preparations to acquire or construct a hospital in the county, any municipality in the county shall be authorized to contract with the hospital authority for the care in such hospital of

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indigent sick or injured persons who are residents of the municipality either on a perpatient-per-day basis or for a fixed amount of money payable at such time as the con tracting parties may agree upon; and any such contract may, at the election of such municipality, be binding upon it for a period of not exceeding 40 years. Such contract and the amount to be received by the hospital authority thereunder may be pledged by the hospital authority as security for the payment of the principal and interest of any bonds or revenue anticipation certificates which it may issue in order to acquire or con struct the hospital.
31-7-86. Any property conveyed or leased te an authority by citica er counties shall- be operated i&y tftc QUwionty to winch TRC 8fliu& is convoycut to^cwicv wiui otftcr t Acuities of WIG
flUtuOFltyf tft tCCOFuCU% Wlul UllS flTtlCifc CU1CI WIG rCSOlUwOIl Or U1G OVCmm) DOQjr 91;
beetles of participating
QI n QT OXTM ~O I.
Should an authority acquire by purchase existing hospital facilities of political subdivi sions and pay the reasonable value therefor, nothing in this article shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repay ment of any indebtedness which may be legally incurred by such authority.
31 7 88 31-7-87. Obligations of an authority other than certificates shall be payable from general funds of an authority and shall at no time be a charge against any special fund allocated to the payment of certificates except upon payment of current annual maturities and reserves required to be created under Code Section 31-7-77. The maturity of any such obligations shall not extend for more than 40 years.
34-3-89 3JV7J8.
By joint action of the board of trustees of an authority and the governing bodies of par ticipating units, authorities created under and pursuant to the terms of this article may be dissolved, provided that no such dissolution shall in any way impair the rights of third persons or the contracts of the authority with such third persons. Disposition to be made of the property of the authority upon dissolution shall be covered in any reso lution adopted by the participating units and the board of trustees of the authority. At no time, however, shall any authority upon dissolution convey any of its property, except as may be otherwise authorized by law, to any private person, or to any for-profit associ ation; or corporation.
31-7-00 31-7-89. The beard of trustees ef each Each authority created by and under this article shall file with the governing body or bodies of political subdivisions or participating units, on forms prescribed by the department, an annual report of the activities of the authority and shall annually consider and adopt as a part of such report a budget, which budget shall be filed with the annual report. The beard ef trustees may held a pttWie hearing en the budget, and representatives ef any governing bedy within the a*e ef operation
right te be heafd with respect te any matter covered by the report ef- the beard- ef- treat-
968 OP Dy LAG
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. (b) The sale or lease of assets of a hospital owned or operated by a hospital authority to an individual, business corporation, general partnership, limited partnership, limited liability company, limited liability partnership, joint venture, nonprofit corporation, hos pital authority, or any other for profit or not for profit entity shall be subject to the notice, hearing, certification, enforcement, and other requirements of Article 15 of this

WEDNESDAY, FEBRUARY 18, 1998

943

chapter which are applicable to dispositions of nonprofit hospitals to acquiring 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; provided, however, that the pro visions of this Code section shall not apply to the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main cam pus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county.
31-7 00.1 31-7-90. (a) Each hospital authority created by and under this article shall annually prepare a community benefit report disclosing the cost 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 cost 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 resi dence, as well as the cost of indigent and charity care provided in dollars. Such commu nity 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.
31-7-91.
Each hospital authority created by and under this article shall ensure that an annual audit of the financial affairs, books, and records of such authority is conducted at the end of each fiscal year for the preceding year. Each hospital authority shall obtain either a certified public accountant or a firm of certified public accountants to conduct such audit. The auditor so appointed shall perform the audit in accordance with generally accepted accounting principles and shall submit a complete and final report and audit to the authority not later than 90 120 days after the close of the fiscal year. All audits provided for in this Code section shall be certified to and shall include, but in no way be limited to, a full and complete audit containing a balance sheet, profit and loss state ment, and statement of receipts and disbursements.
31-7-92.
All final audits provided for in Code Section 31-7-91 shall be reproduced in sufficient number and copies of the audit shall be filed with the clerk of the superior court in the county where any hospital is operated by a hospital authority and in the office of the clerk of the superior court of any county that is a participating unit of the authority. In the event any hospital is operated by a municipal hospital authority, the audit required by this Code section to be filed with the office of the clerk of the superior court shall be filed in the office of city clerk, clerk of council, clerk of the board of aldermen, or clerk of the governing body of the municipality, in lieu of being filed with the clerk of the superior court.
31-7-93.
In the event any hospital authority shall fail or refuse to provide for an annual audit and have such audit prepared and filed as set forth in Code Sections 31-7-91 and 31-7-92, any taxpayer of any participating unit of such authority or the governing

944

JOURNAL OF THE HOUSE,

authority of such unit may petition the superior court of the county wherein the author ity operates a hospital to require the authority to have such audit prepared and filed as provided by the above Code sections. The judge of such court shall set a time for the hearing on such petition and after notice to the authority shall hear and determine the petition. If it is determined that the authority has failed to comply with the require ments for the preparation and filing of the audit, the judge shall pass such orders as are necessary to effectuate compliance with such requirements. In the event the author ity fails to have an audit prepared and filed as required by court order, the members of the authority shall be subject to contempt proceedings by the court as provided by law.
31-7-94.
The state is authorized to make grants, as funds are available, to hospital authorities for public health purposes; provided that any fends se granted sthaH be distributed te and eng the various pttbMe hospital authorities in the state proportion te the num ber ef hospital beds operated fey each atreh hospital authority at the end ef the calendar year preceding the grant. Funds shall be distributed to public hospitals operated by con solidated governments in the same manner as to authority hospitals prescribed in this Code section. Grants made by the state pursuant to this Code section shall be adminis tered by the Department of Human Resources in accordance with such rules, regula tions, and procedures as it shall deem necessary for effective administration of such grants.
31-7-95.
(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or con tinue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, sevenday-per-week emergency room open to the public and which hospital files a semian nual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital.
(b) The General Assembly finds that the major hospital authorities and designated teaching hospitals in this state provide a valuable service benefiting the entire state by operating teaching hospitals which provide necessary medical education and training for physicians; this service is provided through residency programs offered by these teaching hospitals. By the provision of residency programs operated by state teaching hospitals, the state has recognized its responsibility to fund the cost of training physicians; and it is the purpose of this Code section to recognize that the state has a similar responsi bility when the medical education and training are provided by teaching hospitals oper ated by hospital authorities or by designated teaching hospitals. (c) For each resident receiving medical education and training through a teaching hospi tal operated by a hospital authority or designated teaching hospital, the Board of Regents of the University System of Georgia shall pay $10,000.00 per annum to the hos pital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the board of regents. The board of regents is authorized to designate the Joint Advisory Board of Family Practice to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated teaching hospitals as pro vided in this Code section. (d) The funds necessary to carry out this Code section shall derive from funds appropri ated for such purpose to the board of regents. In the event the funds appropriated by

WEDNESDAY, FEBRUARY 18, 1998

945

the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rate in accordance with the funds actually appropriated for such purpose. The local government or governments responsible for the governance or the financial support of the hospital authority or authorities shall provide a certified audit to the board of regents by September 29, 1980, and on the same date yearly thereafter, which shows clearly the exact amount of local funds contributed to the authority during the most recent full fiscal year of operation of the authority or authorities. Ne funds provided fer this Code acction shaU be distiViDUucci vO fltty nospiwii OP Rosprwu ftuwionty tr me loccu* governmcnt & contH DITCIOH m* flay year after 1080 Mis below the previous yearns contribution -as shewn in -the certified audit. The board of regents shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. As used this subsection, the term %eal fundo' ajeans k* Md er cash contributions. !he provisions ef- this subsection
FGQU1ND) CGFult 1CQ flUQltS Or lOCftl lUHCt COR tH DU vlOHS EUlu pPO111 Dl11 Off PCQUCllOW Itt SUCfl
contribution;) shaH net apply to any designated teaching hospital. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals. (e) Nothing in this Code section shall be construed to amend, modify, supersede, or repeal Chapter 10 of Title 49.
31-7-96.
As a basis for the powers granted to authorities in this article, the General Assembly: (1) Recognizes and contemplates that the nature and scope of the powers conferred on authorities under this article are such as may compel each authority, in the course of exercising its other powers or by virtue of such exercise of such powers, to engage in activities that may be characterized as anticompetitive within the contemplation of the antitrust laws of the State of Georgia or of the United States; and (2) Determines, as an expression of the public policy of the State of Georgia with respect to the displacement of competition in the field of health care, that each authority, when exercising its powers under this chapter with respect to the operation and management of health care facilities, projects, and services, acts as an agency or instrumentality of its authorizing subdivisions and as a political subdivision of this state.
31-7-97.
This article, being necessary for the welfare of the citizens of the state, shall be liberally construed to effect the purposes hereof; and insofar as this article may be inconsistent with any other law, whether by charter of any political subdivision of the state or other wise, this article shall be controlling."
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 and adopted:

Representative Scott of the 165th moves to amend the Committee substitute to HB 1101 as follows:
Page 5 line 6 after the word "authority" insert
"or by the adoption of a resolution by the county or municipal corporation for which the authority was created".

The following amendment was read:

946

JOURNAL OF THE HOUSE,

Representative Bannister of the 77th moves to amend the Committee substitute to HB 1101 as follows:
Delete:
Section 31-7-96 on page 40 and renumber accordingly.

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

N Alien NAndenon NAdu N Bailey Y Bannister
Barfoot N Barnard NBaraes
Bates NBenefield NBirdsong Y Bohannon N Bordeaux Y Bradford
Bnedlove Y Bridges N Brook* Y Brown NBuck NBuckner YBunn
Burkhalter NByrd E Campbell N Canty YCash NChannell NCbilders Y Clark YCoan YColeman, B NColeman, T NConnell N Cooper E Crawford Y Crews

NCulbreth N Cummings N Davis, G Y Davis, M
Day EDeLoach,B YDeLoach,G
EDiz N Dizon NDobbs N Dukes YEhrhart NEpps Y Evans NEverett YFelton NFloyd Y Franklin N Golden N Graves NGraene YGrindley Y Hammontree NHanner N Harbin N Heard NHecht NHeckstall
Hegstrom NHenson E Holland
Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N NHugley Ylrvin N Jackson N James
Jamieson NJenkins
Johnson Johnston N Jones
Joyce NKaye
YLadd YLakly NLane NLee YLewis YLord N Lucas NMaddoz YMann Y Manning N Martin, J N Martin, J.L
YMassey NMcBee NMcCaU E McClinton NMcKinney Y Mills N Mobley NMosley
Mueller NO'Neal
NOrrock N Parham

N Fairish N Parsons NPelote N Perry Y Pinholster NPoag NPoIak
Ponder
N Porter EPowell NPurceU NRagas NRandall
NRay N Reaves NReichert
YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders NSauder YScarlett
Scheid Y Scott
Shftn&lifln
NShaw NSherriU
NShipp NSims
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 N Smyre YSnelling NSnow N Stalling! N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor ETeague NTeper N Thomas E Tillman Y Titus N Tolbert YTrense
Turnquest NTwiggs
Walker, L N Walker, R.L N Watson NWest Y Westmorland NWhitaker Y Wiles YWOliams, B
WiUiams, J N Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 47, nays 103. The amendment was lost.

The following amendment was read:

Representative Ehrhart of the 36th and Brown of the 130th move to amend the Commit tee substitute to HB 1101 as follows:
On Page 16, line 37, delete the comma after the word projects and delete the words "facili ties, and related services"
On Page 16, delete lines 38 through 41 and on Page 17 delete lines 1 through 5 and renumber the paragraphs following accordingly.
On Page 4, line 8, delete the words "hospices, personal care homes, home health agencies,"
On Page 4, on lines 9 through 12, reinstate all words stricken so that lines 9 through 12 will read:

WEDNESDAY, FEBRUARY 18,1998

947

"other public health facilities for the use of patients and officers and employees of any institution under the supervision and control of any hospital authority or leased by the hospital authority for operation by others" On Page 4, delete all words on line 13 and delete the word "authority" on line 14
On Page 4, line 15, delete the word "services,".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
NAshe N Bailey YBannigter
Barfoot Y Barnard NBarnes
Bates N Benefield NBirdsong N Bohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn
Burkhalter NByrd E Campbell N Canty YCash N Channell
N Childers Y Clark YCoan Y Coleman, B N Coleman, T NConnell
N Cooper E Crawford N Crews

N Culbreth N Cummings
N Davis, G Y Davis, M
Day EDeLoach, B NDeLoach, G EDii NDixon
NDobbs N Dukes YEhrhart NEpps Y Evans Y Everett
Felton NFloyd Y Franklin N Golden N Graves NGreene Y Grindley N Hammontree NHanner Y Harbin N Heard NHecbt NHeckstaU
Hegstrom NHenson E Holland
Holmes
N Houston N Howard NHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin N Jackson N James
Jamieson NJenkins
Johnson Johns ton N Jones Joyce YKaye YLadd NLakly NLane NLee Y Lewis NLord N Lucas N Maddoi NMann Y Manning
N Martin, J N Martin, J.L YMassey NMcBee NMcCall E McClinton N McKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock N Parham

NParrish Y Parsons N Pelote N Perry Y Pinbolster NPoag NPolak
Ponder
N Porter E Powell
Purcell
NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson
N Roberts Y Rogers N Royal Y Sanders NSauder YScarlett
Scheid Y Scott
Shanahan NShaw NSherrill NShipp NSims
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 NStallings NStancU,F Y Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor ETeague NTeper N Thomas E Tillman N Titus N Tolbert NTrense
Tumquest NTwiggs N Walker, L N Walker, R.L N Watson N West N Westmorland NWhi taker Y Wiles Y Williams, B
Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 41, nays 109. The amendment was lost.

The following amendment was read:

Representative Brown of the 130th moves to amend the Committee substitute to HB 1101 as follows:
Add after authority on line 14 P. 4 the following:
"in accordance with applicable rules and statutes of State Health Planning and the Office of Regulatory Services"
Add after "Title 31" on line 5 p. 17 the following:
"in accordance with applicable rules and statutes of State Health Planning and the Office of Regulatory Services;"

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

948

JOURNAL OF THE HOUSE,

N Alien N Andersen YAshe N Bailey Y Bannister
Barfoot Y Barnard YBames
Bates N Benefield NBitdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck NBuckner YBunn
Burkhalter YByrd E Campbell N Canty YCash
NChanneU Y Guilders Y Clark NCoan Y Coleman, B Y Coleman, T YConnell Y Cooper E Cr&wfbrd Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M
Day EDeLoach, B YDeLoach, G EDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden
Graves NGreene Y Grindley Y Hammontree Y Manner Y Harbin N Heard NHecht NHeckstall
Hegstrom YHenson
E Holland Holmes
N Houston N Howard YHudgens Y Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James
Jamieson NJenkins
Johnson Johnston Y Jones Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord Lucas N Maddox YMann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee NMcCall E McClinton N McKinney NMills N Mobley YMosley N Mueller YO-Neal YOrrock NParham

NParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter E Powell
Purcell NRagas NRandaU
YRay Y Reaves Y Reichert YRice Y Richardson
N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott
Shanahan YShaw Y Sherrill YShipp NSims
Sinkfield Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 94, nays 54. The amendment was adopted.

Smith, L.R Y Smith, P N Smith, T Y Smith, V
Smyre YSnelling NSnow NStallings NStancil.F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper Y Thomas E Tillman Y Titus N Tolbert YTrense
Turnquest NTwiggs N Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

The following amendment was read:

Representatives Wiles of the 34th and Ehrhart of the 36th move to amend the Committee substitute to HB 1101 by adding after line 5 of page 1 the following:
"By adding after line 9 on page 8 the following:
'(g) No hospital authority or any subsidiary, hospital, clinic, or other entity owned or managed in whole or in part by a hospital authority 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 in employment, contracting, or acquisition or pro vision of services.'
By adding after line 7 on page 16 the following:
'(d) No hospital owned by_ a hospital authority may be sold or leased to a for profit entity, a not for profit entity, or another hospital authorit: _un_le_ss t_ he c_o_ntra_ct of sale or the lease provides that such hospital and the contracting or leasing entity will not use race, color, creed, gender, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in employment, contracting, or acquisition or provision of services.'"

The following amendment was read:

Representatives Walker of the 141st, Alien of the 117th, Lucas of the 124th, Smyre of the 136th and Skipper of the 137th move to amend the Committee substitute to HB 1101 as follows:

WEDNESDAY, FEBRUARY 18, 1998

949

By deleting the Wiles/Ehrhart amendment in its entirety and substituting in lieu thereof the following:
Neither the State of Georgia nor any political subdivision located therein, including agen cies and authorities, shall discriminate on the basis of, and shall provide equal opportunity without regard to, race, gender, age, religion or national origin. Courts of competent juris diction shall be authorized to fashion appropriate remedies for violations of these provi sions. Neither shall any of the foregoing named political subdivisions use quotas or grant preferential treatment based on race, gender, age, religion or national origin except as per mitted or authorized by federal law. Nothing herein shall be construed to deny the ability of the State of Georgia to take action to further a compelling or substantial state interest or prevent the forfeiture or receipt of federal funds.
On the adoption of the Walker amendment to the Wiles amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Andenon NAshe Y Bailey N Bannister
Barfoot N Barnard YBarnes
Bates Y Benefield YBirdsong NBohannon Y Bordeaux
Bradford Bnedlore N Bridges Y Brooks N Brown
YBuck Y Buckner NBunn
Burkhalter YByrd E Campbell
Y Canty NCasb Y Channel! YChilders N Clark NCoan N Coleman, B Y Coleman, T YConnell
Cooper E Crawford N Crews

N Culbreth Y Cununings Y Davis, G N Davis, M NDay EDeLoach, B N DeLoach, G EDii YDiion YDobbs
Dukes NEhrhart YEpps N Evans N Everett NFelton YFloyd N Franklin Y Golden N Graves YGreene N Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson E Holland
Holmes Y Houston Y Howard NHudgens Y Hudson, H

Y Hudson, N Y Hugley NIrvin Y Jackson Y James
Jamieson Y Jenkins
Johnson Johnston Y Jones Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas Y Maddoi YMann N Manning Y Martin, J N Martin, J.L
NMassey YMcBee YMcCall E McClinton Y McKinney N Mills Y Mobley YMosley N Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter E Powell
Purcell YRagas YRandall YRay Y Reaves YReichert NRice N Richardson Y Roberta Y Rogers Y Royal N Sanders Y Sauder N Scarlett
Scheid N Scott
Shanahan YShaw Y SherriU
YShipp YSims
Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 98, nays 53. The amendment was adopted.

Smith, L.R Y Smith, P Y Smith, T N Smith, V
Y Smyre NSnelling YSnow Y Stalling* Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor ETeague YTeper Y Thomas E TUlman Y Titus Y Tolbert NTrense
Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmorland YWhitaker
N Wiles N Williams, B N Williams, J Y Williams, R N Wortban NYates
Murphy, Spkr

Date: February 18, 1998
To: Hon. Robbie Rivers Clerk of the House of Representatives
Dear Mr. Clerk:
I was required to be absent from the floor of the House of Representatives on February 18, 1998 during the vote on House Bill 1101. My absence was required because my attend ance was necessary at a Senate Committee to explain House legislation before that com mittee. Because of my required absence, I instructed the Clerk to lock my machine in my absence.

950

JOURNAL OF THE HOUSE,

I desire specifically to enter on the record in regard to House Bill 1101 that but for my required absence, I would have voted yes on the Walker amendment to the Wiles/Ehrhart amendment, and further that I would have voted yes on the Wiles/Ehrhart amendment, as amended by the Walker amendment, which prohibits quotas, preferential treatment, or discrimination by the state or political subdivision located in Georgia. I further would have voted yes for the final passage of the bill, as amended.
Thank You, 1st Ray Holland
Representative, District 157

Representative Ehrhart of the 36th moved that the House reconsider its action in adopting the Walker amendment to the Wiles amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Andersen YAahe
N Bailey Y Bannister
Barfoot Y Barnard NBaraes
Bates N Benefield NBiidsong Y Bohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn
Burkhalter NByrd E Campbell N Canty YCash N Channel!
NChUdere Y Clark YCoan Y Coleman, B N Coleman, T NConnell Y Cooper ECrawford Y Crews

Y Culbreth N Cununings NDavia, G YDavia, M NDay EDeLoach, B YDeLoach, G EDii N Dizon NDobbs N Dukes Y Ehrhart NEpps Y Evans YEverett YFelton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin N Heard NHecht NHeckstall
Hegstrom NHenson
E Holland Holmes
N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N N Hugley Ylrvin N Jackson N James
Jamieson NJenkins
Johnson Johns ton N Jones Joyce YKaye YLadd YLakly
NLane NLee Y Lewis NLord N Lucas NMaddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall E McClinton N McKinney
Y Mills N Mobley N Mosley Y Mueller NO'Neal NOrrock NParham

On the motion, the ayes were 62, nays 92. The motion was lost.

NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak
Y Ponder N Porter E PoweU
Purcell
NRagas NRandall
NRay N Reaves N Reichert
YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett
Scheid Y Scott
Shanahan
NShaw NSherrill
Shipp NSims
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 SneUing NSnow NStallings
N StancU, F Y Stancil, S
N Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper N Thomas E Tillman N Titus Y Tolbert YTrense
Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson N West Y Westmoreland NWhitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

The Wiles amendment, as amended, was adopted.

The following amendment was read:

Representative Murphy of the 18th moves to amend the Committee substitute to HB 1101 by striking "Prior" and inserting "On or after July l 1998, and prior" on line 21 of page 6.
By adding immediately preceding the period on line 19 of page 7 the following:

WEDNESDAY, FEBRUARY 18, 1998

951

"so as to change the number of members to not less than five nor more than 15 mem bers, to change the terms and distribution of members between participating units, and to change the method of filling vacancies upon such authority, and such resolutions as so amended shall control those matters until they are changed by. local legislation".
By striking line 2 of page 41 and inserting in its place the following:
"This Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien
Y Andenon YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bate* YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
YBuck Y Buckner YBunn
Burkhalter YByrd E Campbell Y Canty
YCash Y Channel! YCbilden Y Clark YCoan YColeman, B YColeman, T Y Cornell Y Cooper E Crawford
YCrawB

Y Culbreth Y Cunnnings YDavis,G YDavin, M YDay EDeLoach, B YDeLoach, G EDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson E Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James
Jamieson Y Jenkins
Johnson Johnston Y Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton YMcKinney 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 EPowell
Purcell YRagas YRandall YBay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett
Scheid YScott
YShaw YSherrill YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the adoption of the amendment, the ayes were 154, nays 0. The amendment was adopted.

Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas E Tillman Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson YWest Y Westmoreland YWhi taker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

The following amendments were read and adopted:

Representative Coleman of the 142nd moves to amend the Committee substitute to HB 1101 by striking "June 30. 1998" and inserting "the date this Code section becomes effec tive in 1998" on line 3 of page 5.
By adding "before July 1^ 1998" immediately following "authority" on line 6 of page 5.

Representative Childers of the 13th moves to amend the Committee substitute to HB 1101 by adding between lines 2 and 3 of page 7 the following:
"(3) Once the manner of filling vacancies upon a hospital authority has been estab lished pursuant to paragraph (1) or (2) of this subsection or pursuant to local legisla tion, that manner of filling vacancies may thereafter be changed only by local legislation."

952

JOURNAL OF THE HOUSE,

The following amendment was read:

Representatives Stallings of the 100th, Williams of the 114th and West of the 101st move to amend the Committee substitute to HB 1101 as follows:
Page 17, line 2, delete the following phrase:
"and nonemergency".

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

N Alien N Anderson
NAshe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates Y Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck N Buckner
N Bunn Burkhalter
NByrd E Campbell
N Canty YCash NChanneU
N Childen Y Clark YCoan N Coleman, B Y Coleman, T N Connell Y Cooper E Crawford Y Crews

N Culbreth Y Cununings N Davis, G Y Davis, M YDay E DeLoach, B
Y DeLoach, G EDix N Dixon
YDobbs N Dukes YEhrhart
YEpps Y Evans YEverett
Felton N Floyd Y Franklin Y Golden N Graves NGreene Y Grindley Y Hammontree N Hanner Y Harbin N Heard NHecht N Heckstali
HegBtrom NHenson E Holland
Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin N Jackson N James
Jamieson Y Jenkins
Johnson Johnston
Y Jones Joyce Kaye
YLadd YLakly
YLane YLee Y Lewis YLord
N Lucas N Maddoi NMarm
Y Manning
N Martin, J Y Martin, J.L YMassey NMcBee YMcCall E McClinton Y McKinney Y Mills N Mobley NMosley Y Mueller N O'Neal NOrrock N Parham

NParrish Y Parsons N Pelote Y Perry Y Pinholster NPoag NPolak
Y Ponder N Porter EPowell
Purcell
NRagas YRandall
YRay N Reaves Y Reichert
YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott
Shanahan YShaw YSherriU YShipp YSims
Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 82, nays 71. The amendment was adopted.

Y Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre YSnelling YSnow Y Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor
ETeague NTeper N Thomas E Tillman Y Titus N Tolbert NTrense
Tumquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B
N Williams, J Y Williams, R YWorthan
N Yates Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

Y Alien Y Anderson
YAshe Y Bailey Y Bannister
Barfoot Y Barnard

YBarnes Bates
Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford

Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn

Burkhalter YByrd E Campbell
Y Canty YCash Y Channel!
Y Childers

N Clark NCoan Y Coleman, B
Y Coleman, T Y Cornell
Y Cooper E Crawford

WEDNESDAY, FEBRUARY 18, 1998

953

N Crews Y Culbreth Y Cummings YDavia, G NDavis, M NDay E DeLoach, B YDeLoach, G EDix YDixon YDobbs Y Dukes NEhrhart
YEpps N Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene
N Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall

Hegstrom YHenson E Holland
Holme* Y Houston
Y Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James
Jamieson YJenkins
JohnBon Johnston Y Jones Joyce
NKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddox NMann

Y Manning Y Martin, J Y Martin, J.L
NMasney YMcBee YMcCaU E 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 E Powell
Purcell YRagas YRandaU YRay

Y Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett
Scheid N Scott
Shanahan YShaw YSherriU
YSbipp YSims
Sinkfield
Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.B Y Smith, P Y Smith, T Y Smith, V YSmyre YSneUing YSnow

Y Stalling Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas ETiUman
Y Titus Y Tolbert Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watoon YWest Y Westmoreland Y Whitaker N Wiles Y Williams, B N Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 133, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1183.

By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Anno tated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for rea sonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility.

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

Y Alien Y Andenon
YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates Y Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner
YBunn Burkhalter
YByrd

E Campbell Y Canty YCash Y Channel!
Childers
Clark YCoan Y Coleman, B Y Coleman, T YConneU
Y Cooper E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay E DeLoach, B Y DeLoach, G EDix Y Dixon 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 YHecht YHeckstall
Hegstrom Y Henson E Holland
Holmes Y Houston

Howard Y Hudgens Y Hudson, H
Y Hudson, N Y Hugley
Ylrvin Y Jackson Y James
Jamieson Y Jenkins
Johnson Johnston
Y Jones Joyce
YKaye YLadd YLakly YLane YLee
Y Lewis YLord Y Lucas Y Maddox

YMann Y Mflxining Y Martin, J Y Martin, J.L YMassey YMcBee
McCall E McClinton
McKinney Y Mills Y Mobley Y Mosley
Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry
Y Pinholster YPoag YPolak

954

JOURNAL OF THE HOUSE,

Y Ponder Y Porter EPoweU
YPurceU YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson Y Roberta Y Rogers

Y Royal Y Sanders Y Sauder Y Scailett
Scheid Y Scott
Shanahan YShaw YSherrill 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 YSnelling YSnow YStafflngs Y Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P Y Stephens
Y Taylor ETeague YTeper Y Thomas E Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs

Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Worthan YYates
Murphy, Spier

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, further consideration of HB 1323 was postponed until Thurs day, February 19, 1998.

Representative Ehrhart of the 36th 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 Sanders of the 107th 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 Irvin of the 45th arose to a point of personal privilege and addressed the House.

Representative Walker of the 141st assumed the Chair.

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1552 Do Pass HB 1650 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

WEDNESDAY, FEBRUARY 18, 1998

955

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 1640 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1661 Do Pass
Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 1105 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Walker of the 141st announced the House in recess subject to call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

956

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 19, 1998

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
Bates Birdsoog Bohaonon Bradford Bridges Brooks Brown Bunn Burkhalter Campbell Cash Childers Clark Coan Coleman, B Coleman, T Cornell Cooper Crews Culbreth

Cununings Davis, M DeLoach, B DeLoach, O EDix Dixon Dukes Bhrhart Epps
Everett Felton Floyd Franklin Golden Greene Grindley Hanner Harbin Heard Heckstall Hegstrom Holland Houston Howard Hudgens Hudson, H Hudson, N

Hugley Jackson James Johnson Johnston Jones Joyce Kaye Ladd Lakly Lane Lewis Lord Maddoz
Manning
Martin, J Martin, J.L Massey McBee McCall E McClinton
McKinney Mills Mosley Mueller O'Neal Orrock Parsons

Pelote Perry Pinholster Polak Ponder Powell Ragas Randall Ray Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott
Shaw Shipp Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T

Smith, V Snelling Snow Stancil, F Stancil, S Stanley, L Stanley, P Stephens Taylor ETeague Teper Thomas Tillman Titus Tolbert
Trense
Walker, L
Watson
West
Westmoreland
Whitaket
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 Sims of the 167th, Stallings of the 100th, Buck of the 135th, Turnquest of the 73rd, Sherrill of the 62nd, Canty of the 52nd, Poag of the 6th, Yates of the 106th, Hammontree of the 4th, Smyre of the 136th, Irvin of the 45th, Graves of the 125th, Channell of the lllth, Davis of the 48th, Day of the 153rd, Holmes of the 53rd, Sinkfield of the 57th, Parham of the 122nd, Parrish of the 144th, Byrd of the 170th, Hecht of the 97th, Crawford of the 129th, Mann of the 5th, Bordeaux of the 151st, Porter of the 143rd, Jamieson of the 22nd, Purcell of the 147th, Lee of the 94th and Buckner of the 95th.
They wish to be recorded as present.

Prayer was offered by the Reverend Floyd Story, Pastor, Crawford Grove Baptist Church, Buena Vista, 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, FEBRUARY 19, 1998

957

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

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

HB 1721. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1722. By Representatives Williams of the 114th, Murphy of the 18th, Coleman of the 142nd, Connell of the 115th, Harbin of the 113th and others:
A bill to amend Code Section 43-11-117 of the Official Code of Georgia Annotated, relating to acts constituting the practice of dentistry, so as to provide for an exception for certain novelty teeth.
Referred to the Committee on Health & Ecology.

HB 1723. By Representative Williams of the 63rd:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to increase the amount of such supplement.
Referred to the Committee on Judiciary.

HB 1724. By Representatives Canty of the 52nd, Davis of the 48th, Holmes of the 53rd, Jones of the 71st and Brooks of the 54th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish cost reimbursement fee and pretreatment requirements for nondomestic users of sewage collection systems and the waste-water treatment facilities serving such systems if violations of permits occur.
Referred to the Committee on Natural Resources & Environment.

HB 1725. By Representatives Wiles of the 34th, Parsons of the 40th, Bradford of the 30th, Shipp of the 38th, Cooper of the 31st 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.

958

JOURNAL OF THE HOUSE,

HB 1727. By Representatives Hudson of the 120th, Channell of the lllth, Powell of the 23rd, McCall of the 90th, West of the 101st and others:
A bill to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of certain hospi tals, so as to change the provisions relating to definitions and required analy sis and reports; to delete certain fee requirements but provide for paying certain costs.
Referred to the Committee on Health & Ecology.

HB 1728. By Representatives Parsons of the 40th, Wiles of the 34th, Cooper of the 31st, Shipp of the 38th, Grindley of the 35th 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 1729. By Representatives Williams of the 83rd, Polak of the 67th, Smith of the 102nd and Orrock of the 56th:
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 Garden and Nature Trail of Georgia.
Referred to the Committee on Natural Resources & Environment.

HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th, Davis of the 60th, Crawford of the 129th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.
Referred to the Committee on Judiciary.

HR 1111. By Representatives Sauder of the 29th, Murphy of the 18th, Irvin of the 45th, Benefield of the 96th, Burkhalter of the 41st and others:
A resolution designating the Matthew A. Towery Bridge.
Referred to the Committee on Transportation.

HR 1112. By Representatives Brown of the 130th and Irvin of the 45th: A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 1113. By Representatives Canty of the 52nd, Davis of the 48th, Holmes of the 53rd, Jones of the 71st, Bordeaux of the 151st and others:
A resolution proposing an amendment to the Constitution so as to authorize the creation of the Georgia Municipal Waste-water Systems Trust Fund; to provide for the payment into such fund of a special tax on water usage.
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 19, 1998

959

HR 1134. By Representatives Purcell of the 147th, Reaves of the 178th, Floyd of the 138th, James of the 140th and McCall of the 90th:
A resolution creating the Joint Study Committee on Vocational Student Organizations.
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 1707 HB 1708 HB 1709 HB 1710 HB 1711 HB 1712 HB 1713 HB 1716 HB 1717 HB 1718
HB 1719
HB 1720
HB 1726
HR 1097
HR 1098
HR 1099
HR 1100
HR 1101

HR 1102 HR 1106 SB 445 SB 521 SB 532 SB 566 SB 567 SB 574 SB 619 SB 625
SB 627 SB 628 SR 64 SR 474 SR 587 HB 1714 HB 1715

Pursuant to Rule 52, Representative Scheid of the 17th moved that the following Bill of the House be engrossed:

HB 1714. By Representatives Scheid of the 17th and Westmorland of the 104th:
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.
On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
Aahe Y Bailey Y Bannister
Barfoot Y Barnard YBames
Bates YBenefield YBirdsong YBohannon
Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter
Byrd

Y Campbell N Canty YCaih Y Channel! Y Guilders Y Clark YCoan Y Coleman, B
Coleman, T YConneU Y Cooper
Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Day YDeLoach, B YDeLoach, G EDiz
Dixon YDobbe

N Dukes YEhrhart NEpps Y Evans YEverett Y Felton Y Floyd Y Franklin Y Golden
Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard
Hecht Heckstall Y Hegstrom YHenson Y Holland N Holmes N Houston

N Howard YHudgens Y Hudson, H
Hudson, N N Hugley Ylrvin
Y Jackson N James
Jamieson Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord N Lucas N Maddox

Mann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee Y McCall E McClinton
McKinney Mills Mobley
YMosley Y Mueller
O'Neal YOrrock
Parham Parrish Y Parsons N Pelote Y Perry Y PinhoUter YPoag YPolak

960

JOURNAL OF THE HOUSE,

Y Ponder Porter
Y PoweU YPurcell NRagas
Randall YRay
Reaves YReichert YRice Y Richardson N Roberts Y Rogers

Y Royal Y Sanders
Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw N Sherrill YShipp
Sims 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 N Smyre Y SneUing Y Snow Y Stallings
Stancil, F Y Stancil, S

On the motion, the ayes were 111, nays 26. The motion prevailed.

N Stanley, L N Stanley, P
Stephens N Taylor E Teague N Teper N Thomas N Tillman Y Titus Y Tolbert Y Trense N Turnquest
Twiggs

Y Walker, L Walker, RL Watson
Y West Westmorland
Y Whitaker Y Wiles Y Williams, B Y Williams, J
Williams, R Y Worthan Y Yates
Murphy, Spkr

Representative Byrd of the 170th 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.

Pursuant to Rule 52, Representative Dukes of the 161st moved that the following Bill of the House be engrossed:

HB 1715.

By Representatives Dukes of the 161st and Everett of the 163rd:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the House of Repre sentatives, so as to provide for the description of representative districts 161 and 163.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1461 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Buckner of the 95th District, Vice-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 473 Do Pass, by Substitute
Respectfully submitted, /s/ Buckner of the 95th
Vice-Chairman

THURSDAY, FEBRUARY 19, 1998

961

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1466 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
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 and Res olution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 300 Do Pass, by Substitute HB 396 Do Pass, by Substitute
HB 884 Do Pass HB 1130 Do Pass, by Substitute

HB 1333 Do Pass, by Substitute HB 1420 Do Pass, by Substitute HR 1002 Do Pass, by Substitute

Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Banner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1592 Do Pass, as Amended HB 1707 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

962

JOURNAL OF THE HOUSE,

HB 1286 Do Pass, by Substitute HB 1317 Do Not Pass HB 1659 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 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 1126 Do Pass HB 1542 Do Pass HB 1557 Do Pass, by Substitute

SB 318 Do Pass, by Substitute SB 423 Do Pass

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1688 Do Pass HB 1691 Do Pass HB 1694 Do Pass

HB 1695 Do Pass HB 1699 Do Pass SB 501 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 THURSDAY, FEBRUARY 19, 1998

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enu merated below:

HB 1086 HB 1202 HB 1323 HB 1373 HB 1404 HB 1433 HB 1491

Osteoporosis; Bone Mass Measurement Coverage Act; enact Certain county offices; qualifying fees; base on minimum salary GA Indigent Def Council; use of private funds; amend prov Strikes; prohibitions; additional public employees Information Technology Policy Council; add member Special county 1 % sales tax; audit report; schedule requirements Dental hygienists; Board of Dentistry membership; requirements

THURSDAY, FEBRUARY 19,1998

963

HB 1511 St emp; cert info provided to Gen Assembly; confidential HB 1516 Ga National Guard; service cancelable educational loans HB 1538 Spec lie plates; U. S. Disabled Athletes Fund; fees & costs HB 1549 Public meetings; Attorney General bring action to enforce laws HB 1582 Rental vehicles; excise taxes; reporting cash and credit charges HB 1596 Revenue Code; conform to federal code; tax credits HB 1631 Hotels and motels; excise taxes; include certain prior obligations HB 1656 Sales tax; exemptions; amend provisions
HR 1034 William Jackson "Moogie" Lee Highway; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Bill 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 tune:

HB 1688.

By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to correct an error regarding the time for election of councilmembers representing Districts land 4.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1691.

By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Bloomingdale, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to 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 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1694.

By Representatives Bradford of the 30th, Wiles of the 34th, Sauder of the 29th, Bames of the 33rd, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

964

JOURNAL OF THE HOUSE,

HB 1695.

By Representative Bridges of the 9th:
A bill to amend an Act creating a Board of Commissioners for Habersham County, so as to change the number of commission districts from three dis tricts to five 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 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1699.

By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the Board of Commissioners of Lowndes County, so as to change the provisions relating to regular meetings 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 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 501. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change hi the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 598. By Senator Tysinger of the 41st:
A bill to provide for the creation of a community improvement district in unincorporated DeKalb County; to provide for a short title; to provide for the purposes of the said district; to provide for definitions; to provide for a board to administer said district; to provide for appointment or election of members of said board; to provide for powers, duties, compensation, and organization of said board; to provide for taxes, fees, and assessments.

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965

HB 1597. By Representative Channel! of the lllth: A bill to provide a new charter for the City of Woodville.

HB 1610. By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairperson, vice chairper son, and members of said board.

HB 1611. By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating the State Court of Decatur County, as as to change the compensation to be paid to the judge and the solicitor of such court.

HB 1612. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill creating the Small Claims Court of Dougherty County, now the Magis trate Court of Dougherty County, so as to provide for a chief magistrate and not more than three additional full-time magistrates.

HB 1618. By Representative Barnard of the 154th:
A bill to amend an Act providing a new charter for the City of Hagan, so as to provide for staggered terms of office for the mayor and city council.

HB 1619. By Representative Sims of the 167th:
A bill to amend an Act creating a new charter for the City of Douglas, so as to provide for four-year terms of office for the mayor and city commis sioners.

HB 1624. By Representatives Mills of the 21st, Smith of the 19th, Tolbert of the 25th and Rogers of the 20th:
A bill to provide a homestead exemption from Hall 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 $12,000.00 and who are 62 years of age or over.

HB 1632. By Representative Floyd of the 138th:
A bill to provide a homestead exemption from certain Crisp County ad valo rem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead of certain residents of that county.

HB 1634. By Representatives Polak of the 67th, Henson of the 65th, Teper of the 61st and others:
A bill to repeal an Act creating the Avondale Estates Development Author ity; to abolish the Avondale Estates Development Authority.

966

JOURNAL OF THE HOUSE,

SB 474. By Senators Hooks of the 14th, Perdue of the 18th, Starr of the 44th and Walker of the 22nd:
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 government, so as to change provisions relating to state relations with nonprofit organiza tions 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.

SB 477. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to pro vide that delivery to the court of money or property admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee.

SB 506. By Senator Egan of the 40th:
A bill to amend an Act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta and setting the date for payment of taxes, as amended, so as to institute one payment date for taxes due to the City of Atlanta, the State of Georgia, and Fulton County.

SB 526. By Senators Walker of the 22nd, Harbison of the 15th and Street of the 19th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance gener ally, and to amend Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to preferred provider plans, standards, payments or reim bursement for noncontracting providers of covered services under health ben efit plans, and filing requirements for unlicensed entities, so as to provide a definition.

SB 535. By Senators Hill of the 4th, Starr of the 44th, Brown of the 26th and Marable of the 52nd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and school personnel, by repealing in its entirety Part 1, relating to the Professional Practices Commission; to amend Part 10 of said article, the "Georgia Professional Standards Act," so as to add additional purposes; to add definitions; to authorize the Profes sional Standards Commission to remove any commissioner from office under certain circumstances.

SB 540. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals to be heard by probate courts, so as to allow counties with populations under 96,000 to elect by local legislation to have their probate courts enabled to hear appeals and hold jury trials; to provide for restrictions.

THURSDAY, FEBRUARY 19, 1998

967

SB 558. By Senators Burton of the 5th and Hill of the 4th:
A bill to amend Code Section 47-3-127 of the Official Code of Georgia Anno tated, relating to the effect of restoration to service upon a beneficiary of the Teachers Retirement System of Georgia, so as to clarify the meaning of the term "restoration to service"; to provide that an employer which employs a beneficiary of such retirement system under certain circumstances shall reim burse the retirement system for benefits wrongfully paid to the beneficiary.

SB 565. By Senators Hill of the 4th, Marable of the 52nd and Oliver of the 42nd:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Anno tated, relating to student program counts, so as to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1.

SB 586. By Senators Streat of the 19th, Bowen of the 13th, Guhl of the 45th and others:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the requirements for appointment to the position of trooper; to provide an effec tive date.

SB 592. By Senators Harbison of the 15th, Brush of the 24th and Johnson of the 2nd:
A bill to amend Code Section 34-9-260 of the Official Code of Georgia Anno tated, 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 Offi cial Code of Georgia Annotated, relating to definitions regarding the indem nification of certain law enforcement officers, so as to include certain members of the Georgia National Guard and firemen.

HB 571. By Representative Lee of the 94th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, 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.

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

HR 741. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution designating a portion of Georgia Highway 23 in Wayne County as the "Reddish-Warren Bypass".

The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the House:

HR 813. By Representatives Barnes of the 33rd and Murphy of the 18th:
A resolution honoring Honorable George T. Smith and designating a portion of Georgia Highways 112 and 93 as the "George T. Smith Highway".

968

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 474. By Senators Hooks of the 14th, Perdue of the 18th, Starr of the 44th 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 government, so as to change provisions relating to state relations with nonprofit organiza tions 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 Appropriations.

SB 477. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to pro vide that delivery to the court of money or property admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee.
Referred to the Committee on Judiciary.

SB 506. By Senator Egan of the 40th:
A bill to amend an Act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta and setting the date for payment of taxes, as amended, so as to institute one payment date for taxes due to the City of Atlanta, the State of Georgia, and Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 526. By Senators Walker of the 22nd, Harbison of the 15th and Streat of the 19th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance gener ally, and to amend Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to preferred provider plans, standards, payments or reim bursement for noncontracting providers of covered services under health ben efit plans, and filing requirements for unlicensed entities, so as to provide a definition.
Referred to the Committee on Judiciary.

SB 535. By Senators Hill of the 4th, Starr of the 44th, Brown of the 26th and others:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and school personnel, by repealing in its entirety Part 1, relating to the Professional Practices Commission; to amend Part 10 of said article, the "Georgia Professional Standards Act," so as to add additional purposes; to add definitions; to authorize the Profes sional Standards Commission to remove any commissioner from office under certain circumstances.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 19, 1998

969

SB 540. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals to be heard by probate courts, so as to allow counties with populations under 96,000 to elect by local legislation to have their probate courts enabled to hear appeals and hold jury trials; to provide for restrictions.
Referred to the Committee on Judiciary.
SB 558. By Senators Burton of the 5th and Hill of the 4th:
A bill to amend Code Section 47-3-127 of the Official Code of Georgia Anno tated, relating to the effect of restoration to service upon a beneficiary of the Teachers Retirement System of Georgia, so as to clarify the meaning of the term "restoration to service"; to provide that an employer which employs a beneficiary of such retirement system under certain circumstances shall reim burse the retirement system for benefits wrongfully paid to the beneficiary.
Referred to the Committee on Retirement.
SB 565. By Senators Hill of the 4th, Marable of the 52nd and Oliver of the 42nd:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Anno tated, relating to student program counts, so as to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1.
Referred to the Committee on Education.
SB 586. By Senators Streat of the 19th, Bowen of the 13th, Guhl of the 45th and others:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the requirements for appointment to the position of trooper; to provide an effec tive date.
Referred to the Committee on Public Safety.

SB 592. By Senators Harbison of the 15th, Brush of the 24th and Johnson of the 2nd:
A bill to amend Code Section 34-9-260 of the Official Code of Georgia Anno tated, 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 Offi cial Code of Georgia Annotated, relating to definitions regarding the indem nification of certain law enforcement officers, so as to include certain members of the Georgia National Guard and firemen.
Referred to the Committee on Defense & Veterans Affairs.

SB 598. By Senator Tysinger of the 41st:
A bill to provide for the creation of a community improvement district in unincorporated DeKalb County; to provide for a short title; to provide for the purposes of the said district; to provide for definitions; to provide for a board to administer said district; to provide for appointment or election of members of said board; to provide for powers, duties, compensation, and organization of said board; to provide for taxes, fees, and assessments.
Referred to the Committee on State Planning & Community Affairs - Local.

970

JOURNAL OF THE HOUSE,

Representative Childers of the 13th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 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 Anno tated, 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.
On the motion, the roll call was ordered and the vote was as follows:

N Alien NAndenon NAshe Y Bailey Y Bannister YBarfoot
Barnard NBarnes
Bates YBenefield YBirdsong N Bohannon
Bordeaux N Bradford YBreedlove
Bridges Y Brooks N Brown YBuck
Buckner YBunn NBurkhalter
Byrd Y Campbell Y Canty YCash Y Channel! Y Childers N Clark
Coan Coleman, B Coleman, T YConneU Cooper N Crawford N Crews

NCulbreth Y CununinffB N Davis, G
Davis, M
Day YDeLoach, B NDeLoach, G YDix YDizon YDobbs Y Dukes
Ehrhart YEpps N Evans YEverett YFelton NFloyd N Franklin
Golden Y Graves YGreene N Grindley
Hammontree NHanner Y Harbin Y Heard YHecht YHeckitall YHegstrom YHenson Y Holland Y Holmes Y Houston N Howard NHudgens
Hudson, H

Y Hudson, N YHugley NIrvin
Jackson Y James
Jamieson Jenkins Johnson N Johnston Jones N Joyce YKaye YLadd NLakly NLane NLee Y Lewis NLord Y Lucas Y Maddox Mann N Manning Y Martin, J N Martin, J.L NMassey YMcBee NMcCall E McClinton McKinney N Mills Mobley YMosley MueUer O'Neal YOrrock Par ham

Parrish Parsons Pelote Y Perry NPinhoUter YPoag YPolak Ponder Porter Powell NPurcell YRagas Randall YRay Reaves YReichert
N Richardson Y Roberts Y Rogers Y Royal N Sanders
Sauder NScarlett N Scheid YScott Y Shanahan
Shaw YSherrill NShipp
Sims Sinkfield N 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 NSnefflng YSnow
StalUngs YStancil, F
StancU, S Y Stanley, L Y Stanley, P Y Stephens YTaylor ETeague YTeper Y Thomas Y TUlman
Titus N Tolbert NTrense N Tumquest
Twiggs Y Walker, L
Walker, R.L Y Watson
West N Westmorland YWhitaker N Wiles Y Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the motion, the ayes were 78, nays 54. The motion prevailed.

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

HR 1105.

By Representatives Lee of the 94th and Rogers of the 20th:
A resolution recognizing and commending Donald E. Panoz and Nancy Hefner Panoz and inviting them to appear before the House of Representa tives.

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:

THURSDAY, FEBRUARY 19, 1998

971

HR 1034. By Representative Shaw of the 176th: A resolution designating the William Jackson "Moogie" Lee Highway.

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

Y Alien
Y Andenon YAshe
Bailey Y Bannister YBarfoot Y Barnard YBarnes
Y Bates Y Benefield Y Birdsong YBohannon
Bordeaux Y Bradford Y Breedlove
Bridges Brooks Y Brown YBuck Buckner YBunn Y Buikhalter YByrd
Y Campbell Y Canty YCash YChanneU Y Childen Y Clark
Coan Coleman, B Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummiiigs Y DaTM, G Y DaTM, M YDay
DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YKhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley
Hammontree YHanner
Y Harbin Heard Hecht
YHeckstall YHegstrom
YHenson YHoUand
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Y Jackson Y James
Y Jamieson YJenkins YJohnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane
Lee Y Lewis YLord Y Lucas
Maddox Mann
Y Manning
Y Martin, J Martin, J.L
YMassey YMcBee YMcCall E McClinton
McKinney Y Mills
Mobley YMosley
MueUer YO-Neal YOrrock YParham

YParrish Parsons Pelote
Y Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter Y Powell YPurcell
YRagas YRandaU
Ray Reaves YReichert
YRice Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid
Scott YShanahan YShaw
Sherrill
YShipp YSims 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 YSmyre Y Smiling YSnow YStallings YStancil, F Y StancU,S
Stanley, L Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest
Y Westmonland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spin-

On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Scott of the 165th and Mann of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1404.

By Representatives Benefield of the 96th and McCall of the 90th:
A bill to amend Code Section 50-29-4 of the Official Code of Georgia Anno tated, relating to the creation of the Information Technology Policy Council, so as to amend the membership of such council.

The following amendment was read and adopted:

The Committee on Rules moves to amend HB 1404 by striking lines 15 and 16 of page 1 and inserting in lieu thereof the following:

972

JOURNAL OF THE HOUSE,

"(2) The council shall be composed of 46 17 members. Eight Si* of of the members shall represent state agencies, two".
By striking line 19 of page 1 and inserting in lieu thereof the following:
"(3) The s eight members representing state agencies".
By striking the word "and" on line 2 of page 2, striking the period at the end of line 4 of page 2 and inserting in lieu thereof "; and", and inserting between lines 4 and 5 of page 2 the following:
"(H) The commissioner of technical and adult education, or such commissioner's designee.".

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 YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates YBenefleld YBirdsong YBohannon
Bordeaux Y Bradford
Breedlove Bridges Y Brooks Y Brown YBuck Buckner YBunn Burkhalter YByrd Y CampbeU Y Canty YCash YChannell Y Childere Y Clark YCoan YColeman, B Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y DaTM, G Y Davis, M
YDay DeLoacb, B
YDeLoach, G
YDta YDiion
YDobbs Y Dukes YEhrbart YEpps Y Evans YEverett Y Felton YFloyd
Franklin
Y Golden Y Graves YGreene YGrindley
Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley
Irvin Y Jackson Y James
Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord
Lucas Y Maddox
Mann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney Y Mills
Mobley YMosley Y Mueller YO'Neal YOrrock Y Parham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Ponder Y Porter Y PoweU
Purcell YRagas YRandall
Ray Reaves Y Reichert YRice Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Scott Y Shanahan
Shaw Sherrill YShipp Suns 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
Smyre YSneUing YSnow YStallings YStancil,F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Scott of the 165th, Mann of the 5th and Burkhalter of the 41st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

THURSDAY, FEBRUARY 19, 1998

973

HB 1433.

By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th, Stancil of the 16th, Jamieson of the 22nd and others:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Anno tated, relating to use of proceeds, issuance of certain debt, and audit report ing requirements applicable to special county 1 percent sales and use tax, so as to change the provisions relating to the contents of the required audit report schedule.

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 Bannister YBarfoot Y Barnard Y Barries Y Bates
Benefield YBirdsong Y Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn
Burkhalter YByrd Y Campbell
Y Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B YColeman, T YConnell Y Cooper
Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix YDixon
YDobbs Y Dukes YEhrhart
YKpps Evans
YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Hecks tall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens 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
Lakly YLane
Lee Y Lewis
YLord Lucas
Y Maddox Mann
Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton Y McKinney Y Mills
Mobley YMosley
Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag Polak Ponder
Y Porter Y Powell YPurcell YRagas YRandall
Ray Reaves Y Reichert YRice Richardson Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Sherrffl YShipp
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
Smyre YSnelling YSnow YStallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor BTeague YTeper
Thomas Tillman Y Titus Y Tolbert YTrense Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Williams, B
Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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

Representatives Smith of the 103rd, Mann of the 5th and Burkhalter of the 41st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1631.

By Representatives Murphy of the 18th, Buck of the 135th, Davis of the 48th, Walker of the 141st, McBee of the 88th 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.

974

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 YAndenon
YAahe YBailey
Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield
YBirdsong Y Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges
Brooks Y Brown YBuck Y Buckner Y Burnt
Burkhalter
YByrd Y Campbell
Y Canty YCash Y Channel!
Y Childen Y Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cununings
Y Davi, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDii YDixon 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 Y Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgero 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
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney Y Mills
Mobley Y Mosley Y Mueller YCTNeal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas YRandall
Ray 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 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 YSnelling YSnow Y Stalling Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland
Whitaker Y Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Shanahan of the 10th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1086. By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th, Hugley of the 133rd, McClinton of the 68th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide legislative findings and declarations relative to osteoporosis occurrence, prevention, detection, and treatment; to provide for patient education relative to osteoporosis prevention and treatment; to pro vide for certain required insurance coverage.

The following Committee substitute was read:

THURSDAY, FEBRUARY 19,1998

975

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide legislative findings and declarations relative to osteoporosis occurrence, prevention, detection, and treatment; to provide for patient education relative to osteoporosis preven tion and treatment; to provide for certain required insurance coverage for bone mass mea surement for the prevention, diagnosis, and treatment of osteoporosis; to define certain terms; to provide for related matters; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that:
(1) Osteoporosis affects 28 million Americans and each year results in 1.5 million frac tures of the hip, spine, wrist, and other bones, costing the nation $14 billion annually; (2) Osteoporosis progresses silently, in many cases undiagnosed until a fracture occurs, and once a fracture occurs, the disease is already advanced, and the likelihood is high that another fracture will occur; (3) One in two women and one in eight men 50 years of age and over will suffer a fracture due to osteoporosis; (4) Since osteoporosis progresses silently and currently has no cure, prevention, early diagnosis, and treatment are key to reducing the prevalence and devastation of this disease; (5) Medical experts agree that osteoporosis is preventable and treatable; however, once the disease progresses to the point of fracture, its associated consequences may lead to disability and institutionalization and may exact a heavy toll on quality of life; (6) Given the current focus on reducing unnecessary health care expenditures through the use of health promotion and disease prevention programs, it is cost effective to mandate coverage of services such as bone mass measurement, which will lead to early diagnosis, prevention of fracture, and timely treatment of osteoporosis; (7) Bone mass measurement is a reliable way to detect the presence of low bone mass and to ascertain the extent of bone loss to help assess the individual's risk for frac ture, which aids in selecting appropriate therapies and interventions, while ordinary X-rays are not sensitive enough to detect osteoporosis until 25-40 percent of bone mass has been lost and the disease is advanced; (8) Current available technologies for measuring bone mass or bone loss include single and dual energy X-ray absorptiometry, computed tomography, radiographic absorptiometry, and biochemical markers, and other technologies for determining bone mass or bone loss are under investigation and may become scientifically proven tech nologies in the future; and (9) Scientifically proven technologies for detecting bone loss and other services related to the prevention, diagnosis, and treatment of osteoporosis can be used effectively to reduce the pain and financial burden that osteoporosis inflicts upon its victims.
SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by add ing a new Chapter 15A to read as follows:
"CHAPTER 15A
31-15A-1. This chapter shall be known and may be cited as the 'Bone Mass Measurement Cover age Act.'
31-15A-2. As used in this chapter, the term:
(1) 'Accident and sickness insurance benefit plan, policy, or contract' has the meaning provided by paragraph (1) of subsection (a) of Code Section 33-24-28.1, provided that

976

JOURNAL OF THE HOUSE,

such term shall not include a limited benefit insurance policy as defined in paragraph (4) of subsection (f) of Code Section 33-30-12. (2) 'Bone mass measurement' means a radiologic or radioisotopic procedure or other technologies approved by the United States Food and Drug Administration and per formed on an individual for the purpose of identifying bone mass or detecting bone loss. (3) 'Qualified individual' means an:
(A) Estrogen-deficient woman or individual at clinical risk of osteoporosis as deter mined directly or indirectly by a physician and who is considering treatment; (B) Individual with vertebral abnormalities; (C) Individual receiving long-term glucocorticoid (steroid) therapy; (D) Individual with primary hyperparathyroidism; or (E) Individual being monitored directly or indirectly by a physician to assess the response to or efficacy of approved osteoporosis drug therapies.
31-15A-3. (a) Every group or individual accident or sickness insurance benefit plan, policy, or con tract that provides hospital, medical, or surgical coverage that is issued, amended, deliv ered, or renewed in this state on or after July 1, 1998, shall be deemed to include coverage for qualified individuals for reimbursement for scientifically proven bone mass measurement (bone density testing) for the prevention, diagnosis, and treatment of osteoporosis. (b) Every person or entity providing an accident or sickness insurance benefit plan, pol icy, or contract which is subject to the provisions of subsection (a) of this Code section shall identify and use scientifically accurate educational materials to increase patient awareness and knowledge of osteoporosis and encourage the prevention and treatment of osteoporosis."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Coan of the 82nd, Sanders of the 107th, Davis of the 60th, Yates of the 106th and Walker of the 87th move to amend the Committee substitute to HB 1086 as follows:
Page 3 line 26 strike the word "shall" and insert "may" in its place.

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

N Alien N Andersen NAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes N Bates NBenefield N Birdsong NBohannon N Bordeaux N Bradford YBreedlove Y Bridges N Brooks Y Brown YBuck N Buckner

Y Bum Y Burkhalter NByrd Y Campbell N Canty YCash N Channel! N Childers Y Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M

N Day Y DeLoach, B Y DeLoach, G N Dii N Dizon N Dobbs N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley Y Hammontree N Manner

Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes Y Houston N Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin Y Jackson N James N Jamieson N Jenkins Y Johnson

N Johnston N Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane
Lee Y Lewis N Lord N Lucas N Maddoi Y Mann
Manning N Martin, J N Martin, J.L N Masoey N McBee N McCall E McClinton

THURSDAY, FEBRUARY 19, 1998

977

McKinney Y Mills NMobley NMoeley YMueller NO'Neal NOrrock NParham NParriah N Parsons NPelote N Perry YPinholster NPoag NPolak
Ponder

N Porter NPowell N Puicell N Ragas N Randall
Ray Y Reaves N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders NSauder Y Scarlett

Y Scheid Y Scott N Shanahan N Shaw N Sherrill N Shipp N Sims N Sinkfield N Skipper Y 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 Snefflng N Snow N Stafflngs Y Stancil, F Y StancQ, S N Stanley, L N Stanley, P Y Stephens N Taylor E Teague N Teper N Thomas N Tillman Y Titus N Tolbert

Trense N Turnquest Y Twiggs N Walker, L Y Walker, RX N Watson N West Y Westmoreland Y Whitaker Y 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 60, nays 109. The amendment was lost.

The following amendment was read:

Representative Bannister of the 77th, et al. move to amend the Committee substitute to HB 1086 by striking "certain required" and inserting "availability of on line 6 of page 1.
By striking "be deemed to include" and inserting "make available as a part of the plan, policy, or contract or as an optional endorsement to the plan, policy, or contract" on line 26 of page 3.

The following amendment was read and adopted:

Representative Mueller of the 152nd moves to amend the Bannister amendment to the Committee substitute to HB 1086 as follows:
On line 6 page 1 by inserting the word "shall" between the words inserting and make.

The following amendment was read and ruled out of order:

Representative Franklin of the 39th moves to amend the Bannister amendment to the Committee substitute to HB 1086 as follows:
On line 6 before "make" insert "be encouraged to".

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

N Alien N Anderson NAshe N Bailey Y Bannister YBarfoot Y Barnard NBarnes Y Bates NBenefield NBirdsong NBohannon N Bordeaux Y Bradford NBreedlove Y Bridges

N Brooks Y Brown YBuck N Buckner Y Bunn YBurkhalter Y Byrd Y Campbell N Canty Y Cash N Channel! N Childers Y Clark Y Coan N Coleman, B
Coleman, T

N Connell N Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G N Dii Y Diion Y Dobbs N Dukes Y Ehrhart

N Epps Y Evans Y Everett N Felton Y Floyd Y Franklin Y Golden Y Graves N Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard N Hecht N Heckstall

N Hegstrom N Henson N Holland N Holmes Y Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson N James N Jamieson YJenkins Y Johnson

978

JOURNAL OF THE HOUSE,

N Johmton N Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord N Lucas YMaddoi YMann
Manning
N Martin, J N Martin, JX NMassey NMcBee YMcCall E McClinton

McKinney Y Mills NMobley YMosley YMueller NO'Neal NOrrock KParham NParruh Y Parsons NPelote N Perry YPinholster
NPoag NPolak
Ponder N Porter YPowell NPurcell
NRagas

NRandall Ray
N Reaves YReichert YRice Y Richardson N Roberta Y Rogers N Royal Y Sanders Y Sauder YScarlett YScheid Y Scott N Sbanaban
YShaw NSherriU YShipp NSims N Sinkfield

N Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V N Smyre YSneUing NSnow N Stalling* N StancU, F Y StancU, S N Stanley, L N Stanley, P Y Stephens N Taylor
ETeague NTeper

On the adoption of the amendment, the ayes were 87, nays 84. The amendment was adopted.

N Thomas NTillman Y Titus YTolbert NTrense NTurnquest YTwiggs N Walker, L
Y Walker, R.L N Watson
NWest Y Westmoreland YWhitaker Y Wiles N Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

Representative Henson of the 65th moved that the House reconsider its action in adopting the Bannister amendment, as amended.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe Y Bailey N Bannister NBarfoot N Barnard YBarnes N Bates Y Benefield YBirdsong YBohannon YBordeaui Y Bradford NBreedlove N Bridges Y Brooks N Brown
NBuck YBuckner NBunn N Burkhalter NByrd N Campbell Y Canty NCaah YChannell YChilders N Clark NCoan YColeman, B YColeman, T YConneU Y Cooper Y Crawford N Crews

NCulbreth Y Cunmuura
YDavis, G NDavis, M NDay NDeLoach, B NDeLoach, G YDii YDizon YDobbs Y Dukes NEhrhart YEppe N Evans NEverett YFelton NFloyd N Franklin N Golden N Graves YGnene NGrindley N Hammontree Y Manner N Harbin N Heard YHecht Y Heckstall YHegstrom Y Henson Y Holland Y Holmes N Houston Y Howard NHudgens Y Hudson, H

Y Hudson, N YHugley NIrvin N Jackson Y James Y Jamieson YJenkins N Johnson N Johnston Y Jones N Joyce NKaye NLadd NLakly NLane
Lee N Lewis NLord
LUCAS NMaddox NMann
Manning
Y Martin, J Y Martin, J.L
YMassey YMcBee
McCall E McClinton Y McKinney N Mills Y Mobley NMosley N Mueller YO'Neal YOrrock YParham

YParriah Y Parsons Y Pelote Y Perry NPinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell
YRagas YRandall
Ray Y Reaves NReichert YRice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder NScarlett NScheid N Scott N Shanahan
Shaw YSherrill
NShipp YSims Y Sinkfield
Y Skipper Y Smith, C N Smith, C.W Y Smith, L

N Smith, L.R Y Smith, P N Smith, T N Smith, V
Y Smyre NSnelling YSnow YStallings Y Stancil, F N StancU, S Y Stanley, L Y Stanley, P N Stephens Y Taylor ETeague YTeper Y Thomas YTillman N Titus NTolbert YTrense Y Turnquest YTwiggs Y Walker, L N Walker, R.L N Watson YWest N Westmoreland
NWhitaker N Wiles Y Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the motion, the ayes were 92, nays 78. The motion prevailed.

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

THURSDAY, FEBRUARY 19, 1998

979

N Alien N Anderson NAshe N Bailey Y Bannister YBarfoot Y Barnard NBarnes Y Bates N Bonefield NBiidsong NBohannon
N Bordeaux Y Bradford YBmdlove
Y Bridges N Brooks Y Brown YBuck NBuckner YBunn Y Burkhalter YByrd Y Campbell N Canty YCash NChanneU N Childers Y Clark YCoan N Coleman, B N Coleman, T N Cornell N Cooper N Crawford Y Crews

Y Culbreth N Cunuuiugs N Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G NDix NDixon YDobbs N Dukes YEhrhart
NEpps Y Evans YBverett N Felton YFloyd Y Franklin Y Golden N Graves NGreene Y Grindley Y Hammontree N Manner Y Harbin Y Heard NHecht NHeckstaU NHegstrom NHenson N Holland N Holmes Y Houston
N Howard YHudgens
N Hudson, H

N Hudson, N NHugley Ylrvin Y Jackson N James NJamieson YJenkins Y Johnson N Johnston N Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord
Y Lucas YMaddoz YMann
Manning N Martin, J N Martin, J.L NMassey NMcBee YMcCall E McClinton N McKinney Y Mills N Mobley YMosley Y Mueller NO'Neal NOrrock NParbam

NParrish Y Parsons NPelote N Perry Y Pinholster
NPoag NPolak
Ponder N Porter YPowell NPurcell NRagas NRandall
Ray N Reaves YReichert YRice Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder YScarlett YScheid Y Scott N Sh&iiftluin YShaw NSherrill YShipp NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L

On the re-adoption of the amendment, the ayes were 87, nays 86. The Chair voted "nay". The amendment was lost.

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V NSmyre YSneUing YSnow NStaUings NStancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor ETeague NTeper N Thomas NTillman Y Titus YTolbert YTrense NTumquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland YWhitaker Y Wiles
N Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

The Committee substitute was adopted.

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

Y Alien
Y Anderson YAshe Y Bailey N Bannister YBarfoot Y Barnard YBarnes
N Bates Y Benefield
YBirdsong YBohannon
Y Bordeaux Y Bradford YBreedlove N Bridges Y Brooks N Brown YBuck
Y Buckner YBunn
N Burkhalter

YByrd N Campbell Y Canty NCash Y Channel!
Y Childers N Clark NCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford N Crews Y Culbreth Y CumminKB Y Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G YDix

YDixon YDobbs Y Dukes NEhrhart
YEpps N Evans YEverett Y Felton
YFloyd N Franklin N Golden Y Graves Y Greene Y Grindley N Hammontree Y Manner N Harbin Y Heard YHecht Y Heckstall Y Hegstrom YHenson

Y Holland Y Holmes
N Houston Y Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson YJenkins N Johnson Y Johnston Y Jones N Joyce
Kaye NLadd NLakly YLane
Lee

N Lewis NLord Y Lucas YMaddox NMann
Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton Y McKinney N Mills
Y Mobley YMosley N Mueller YO-Neal YOrrock YParham YParrish Y Parsons

980
YPelote Y Perry NPinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell Y Ragae YRandall
Ray Y Reaves YReichert

JOURNAL OF THE HOUSE,

YRice N Richardson Y Roberts N Rogers Y Royal N Sanders YSauder NScarlett NScheid
N Scott YShanahan NShaw YSherrill YShipp

YSims YSinkfield 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 Smelling YSnow YStallings

YStancil,F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor ETeague YTeper Y Thomas YTillman N Titus NTolbert YTrenae Y Turnquest

YTwiggs Y Walker, L Y Walker, R.L YWatoon YWest N Westmoreland NWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R NWorthan
NYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 124, nays 48.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Day of the 153rd stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

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

THURSDAY, FEBRUARY 19,1998

981

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1135. By Representative Culbreth of the 132nd: A resolution recognizing and commending Lauren Griner.

HR 1136. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending and congratulating Annette Piper.

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 1355 Do Pass, by Substitute HB 1425 Do Pass, by Substitute SB 427 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:

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

HR 1107 Do Pass HR 1108 Do Pass

HR 1109 Do Pass HR 1114 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HR 1138.

By Representative Jenkins of the 110th:
A resolution commending the Culloden Highland Games and Scottish Festi val and inviting officials of the City of Culloden and members of the Culloden Highland Games and Scottish Festival Committee to the House of Representatives.

982

JOURNAL OF THE HOUSE,

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

HB 1516.

By Representatives Birdsong of the 123rd, Smith of the 175th, DeLoach of the 172nd, Stephens of the 150th, Crews of the 78th and others:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1323.

By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th, Ragas of the 64th, Bordeaux of the 151st and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to provide for the utilization of private funds by 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 93, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Lee of the 94th assumed the Chair.

HB 1491.

By Representatives Cummings of the 27th and Childers of the 13th:
A bill to amend Code Section 43-11-2 of the Official Code of Georgia Anno tated, relating to the creation and composition of the Georgia Board of Den tistry, so as to provide that the dental hygienist who is a member of such board shall be a resident of Georgia and shall be a practicing dental hygienist in this state.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 43-11-2 of the Official Code of Georgia Annotated, relating to the creation and composition of the Georgia Board of Dentistry, so as to provide that the den tal hygienist who is a member of such board shall be a resident of Georgia and shall be a practicing dental hygienist in this state; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-11-2 of the Official Code of Georgia Annotated, relating to the creation and composition of the Georgia Board of Dentistry, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 19,1998

983

"(2) One member of the board shall be a dental hygienist who is not a dentist^ who is a resident of this state, and who is a practicing dental hygienist in this state and shall be appointed by the Governor as follows! 3%e member ef the beard whe is a dental hygicniot nerving e Jtrly lj 1081, shaft continue t serve etrt his term of- officer A eaeh
member whe shall be a practicing dental hygieniat liccnacd by this state. If such a mem ber ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed vacated. The Georgia Dental Hygienists Association may nominate four reputable dental hygienists who are not dentists for each expired or expir ing term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1582. By Representatives Stanley of the 50th, Buck of the 135th, Stanley of the 49th, Walker of the 141st and Heard of the 89th:
A bill to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to provide for reporting cash and credit rental charges; to provide for changing of basis of accounting; to provide for payment of tax at time of filing return under cash basis of accounting.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1596.

By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Day of the 153rd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, 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 YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes

Y Bates Banefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown Y Buck
Buckner Y Bonn Y Burkhalter YByrd Y Campbell

Y Canty 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 YDavis,G Y DaTM, M

984

JOURNAL OF THE HOUSE,

YDay YDeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart
Epps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden
E Graves YGreene
Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom EHenson Y Holland Y Holmes

Y Houston Howard
YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis
YLord Lucas Maddoi Mann
Y Manning Y Martin, J Y Martin, J.L

YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley YMoeley Y Mueller YO'Neal
Orrock YParham YParrish
Parsons Y Pelote
Perry Y PinhoUter YPoag YPolak Y Ponder Y Porter YPowell YPurcell
YRagas YRandall
YRay Y Reaves YReichert

YRice Y Richardson Y Roberts Y Rogers
Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrill YShipp
Sims 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
Smyre YSnelling YSnow YStallings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y TiUman YTitu YTolbert YTrerae Y Tumquest
Y Walker, L Y Walker, R.L Y Watson YWest E Westmoreland 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Mann of the 5th 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 1373. By Representatives Irvin of the 45th, Ashe of the 46th, Ehrhart of the 36th, Everett of the 163rd, Lane of the 146th and others:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Anno tated, relating to labor practices, so as to change the prohibitions against strikes by state employees so as to apply to additional public employees.

The following amendments were read and adopted:

Representatives Irvin of the 45th and Brooks of the 54th move to amend HB 1373 as fol lows:
Page 2, line 18, after the word "strike", add the following:
Provided, however, that no right to collective bargaining currently recognized by Georgia law is abridged by this act.

The Committee on Industrial Relations moves to amend HB 1373 by adding on line 21 on page 1 immediately following the word "thereof the following:
"which position provides essential public services the nonperformance of which would endanger the public health, safety, welfare, or morals".

Representative Irvin of the 45th moves to amend HB 1373, as amended by the Committee amendment, by striking on line 21 on page 1 immediately following the word "thereof the following:
"which position provides essential public services the nonperformance of which would endanger the public health, safety, welfare, or morals".

THURSDAY, FEBRUARY 19, 1998

985

By inserting immediately after the word "or" on line 17 of page 1 the following:
"any person holding a position which provides essential public services without which the public health, safety, welfare, or morals would be endangered, by appointment or employment in".

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 Alton
YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBiidsong YBohannon N Bordeaux Y Bradford YBreedlove Y Bridges N Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell N Canty YCash Y Channel!
YChilden Y Clark YCosn
YColeman, B Y Coleman, T YConnell Y Cooper YCrawford Y Crews

YCulbreth Y Cummings N Davis, G Y Davis, M YDay YDeLoach, B
Y DeLoach. G YDii YDixon YDobbs N Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden E Graves YGnene YGrindley Y Hanunontree Y Banner Y Harbin Y Heard YHecht NHeckstall NHegstrom EHenson Y Holland N Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N NHugley Ylrvin
Y Jackson N James
Jamieson
Y Jenkins Johnson
Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord
N Lucas Maddox
YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal NOrrock NParham

YParrish Parsons Pelote
Y Perry Y Pinholster YPoag YPolak
Y Ponder Y Porter YPowell YPurceU YRagas
Randall YRay Y Reaves Y Reichert YRice Y Richardson N Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott YShanahan YShaw YSherrill YShipp YSims N 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 Smyre
Y Snefflng YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor ETeague
NTeper N Thomas NTillman Y Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L Y Walker, R.L N Watson YWest E Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWortban YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 22.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1656.

By Representatives Skipper of the 137th, Royal of the 164th, O'Neal of the 75th, Williams of the 63rd, Stancil of the 91st and others:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to provide for an exemption with respect to sales of blood glucose level measuring strips; to provide for an exemption for the sale of certain eligible food and bever ages to and by member councils of the Girl Scouts of the U.S.A. or the Boy Scouts of America.

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

986

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien
YAnderaon YAshe Y Bailey
Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks YBrovm YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash Y Channel! YChilders Y Clark
YCoan Y Coleman, B Y Coleman, T YCormeU Y Cooper Y Crawford Y Crews

Y Culbreth Y CummingB Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden E Graves YGreene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall
Hegstrom EHenson Y Holland Y Holmes Y Houston Y Howard YHudgens
Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson
Y Johnston YJones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas
Maddox YMann
Y Manning
Y Martin, J Martin, J.L
YMassey YMcBee
McCall B McClinton
McKinney YMUls Y Mobley YMosley Y Mueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry
Y Pinholster YPoag
Polak Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott YShanahan YShaw YSherrill 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
Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague
YTeper Y Thomas Y Tilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West
E Westmorland YWhitaker Y Wiles Y Williams, B
Y Williams, J Y Williams, R YWortban 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.

HB 1549.

By Representatives Porter of the 143rd, Barnes of the 33rd, Martin of the 47th and Bordeaux of the 151st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize the Attorney General to hring judicial actions to enforce laws relating to open and public meetings and public records.

The following Committee substitute was read and adopted:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to authorize the Attorney General to bring judicial actions to enforce laws relating to open and public meetings and public records; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-14-5, relating to jurisdiction to enforce open and public meetings, and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 19, 1998

987

"(a) The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this chapter, including the power to grant injunctions or other equita ble relief. In addition to any action that may be brought by any person, firm, corpora tion, or other entity, the Attorney General shall have authority to bring enforcement actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this chapter."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 50-18-73, relating to jurisdiction to enforce inspection of public records, and inserting in lieu thereof the fol lowing:
"(a) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the pub lic under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. In addition, the Attorney General shall have authority to bring such actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this article."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndereon YAshe Y Bailey 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 YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConneU
Y Cooper Crawford
Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDixon YDobbs
Y Dukes YEhrhart YEpps Y Evans Y Everett YFelton Y Floyd Y Franklin Y Golden E Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall YHegstrom EHenson
Y Holland Y Holmes Y Houston 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
Lee Y Lewis
YLord Y Lucas
Maddox YMann Y Manning Y Martin, J
Martin, J.L YMassey YMcBee
McCall E McClinton
McKinney YMills Y Mobley Y Mosley YMueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
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 NShaw YSherrill 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
Smyre YSnelling YSnow NStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus YTolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest E Westmoreland YWhitaker
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 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

988

JOURNAL OF THE HOUSE,

HB 1538.

By Representatives Banner of the 159th, Fairish of the 144th and Barnes of the 33rd:
A bill to amend Code Section 40-2-48 of the Official Code of Georgia Anno tated, relating to license plates promoting the United States Disabled Ath letes Fund, so as to change certain provisions relating to annual renewal; to change certain provisions relating to manufacturing costs.

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

Y Alien Y Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard Y Barnes Y Bates Y Benefield YBirdsong YBohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y CampbeU Y Canty YCash Y Channel! YChildere Y Clark YCoan Y Coleman, B Y Coleman, T Y ConneU Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G YDavis, M YDay Y DeLoach, B YDeLoach, G YDta YDixon
Dobbs Y Dukes
Ehrhart
YEpps Y Evans Y Everett YFelton YFloyd Y Franklin Y Golden E Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin
Y Heard YHecht YHeckstall Y Hegstrom E Henson YHoUand Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson Y Jobnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas Y Maddoi
YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall E McClinton Y McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak
Ponder Y Porter YPowell 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
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
Smyre YSnelling YSnow YStallings Y StancU, P Y StancU, S
Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson
YWest E 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:

SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection.

THURSDAY, FEBRUARY 19, 1998

989

Representative Walker of the 141st moved that the House insist on its position in sub stituting SR 463.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd
Y Campbell Y Canty YCash Y Channel! Y Guilders Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper E Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day YDeLoach, B Y DeLoach, G YDix YDhron
YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden E Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall Y Hegstrom EHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson
Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall E McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter
Powell YPurcell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett YScheid 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
Smith, T Y Smith, V
Smyre YSnelling YSnow YStaUings Y Stand], F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTfflman
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, RL Y Watson YWest E Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

On the motion, the ayes were 163, nays 2. The motion prevailed.

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

HB 1511.

By Representatives Coleman of the 142nd, Holmes of the 53rd, Scott of the 165th, Walker of the 141st and Williams of the 114th:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions regarding public officers and employees, so as to provide that complaints or information from public employees directed to members of the General Assembly concerning fraud, waste, and abuse in or relating to any state programs or operations shall be confidential.

The following amendments were read and adopted:

Representatives Stancil of the 16th and Birdsong of the 123rd move to amend HB 1511 by inserting on line 7 of page 1, following the word and symbol "confidential;", the follow ing:
"to provide that no public employer shall have a policy requiring a report of any contact by a member of the General Assembly;".

990

JOURNAL OF THE HOUSE,

By inserting immediately following line 33 of page 1 the following:
"(d) No public employer shall have a formal or informal policy requiring any employee or lower level of organization to report a contact by a member of the General Assembly to a supervisor or to any higher level of organization. This subsection shall not apply to the Pardon and Paroles Board."
By striking on lines 1 and 10 of page 2, respectively, the designations "(d)" and "(e)" and inserting in lieu thereof, respectively, the designations "(e)" and "(f)".

Representatives Coleman of the 142nd and Walker of the 141st move to amend HB 1511 by adding a new Section 2 to read as follows:
"All stationery used by departments of state government shall have thereon a telephone number whereby members of the public can contact that department during normal business hours".
And by renumbering Section 2 as Section 3.

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

Y Alien Y Andenon YAshe YBailey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channell YCbildera Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper E Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davio, M YDay YDeLoach, B
YDeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden E Graves
Greene Y Grindley YHammontree Y Banner Y Harbin
Y Heard YHecht YHeckstall
YHegstrom EHenson Y Holland
Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
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 McBee
YMcCall
E McClinton Y McKinney Y Mills
Y Mobley Y Mosley Y Mueller YCrNeal YOrrock YParbam

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder YScarlett Y Scheid
Y Scott Y Shanaban 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 YSnelling YSnow YStallings Y StancU, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor
ETeague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest E Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates eN 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.

THURSDAY, FEBRUARY 19, 1998

991

HB 1202.

By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Anno tated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum sal ary mandated by general law.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualification fees, so as to provide that for certain offices, the qualification fee shall be based on the minimum salary mandated by general law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualification fees, is amended by striking in its entirety paragraph (1) of sub section (a) and inserting in lieu thereof the following:
"(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special pri mary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supple ments authorized by law if a salaried office] provided, however, that for the offices of judge of the superior court, clerk of the superior court, judge of the probate court, sheriff, tax commissioner, magistrate, and district attorney, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. 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;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAnderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove

Y Bridges Y Brooks Y Brown Y Buck Y Buckner YBunn YBurkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channell Y Childers Y Clark Y Coan

Y Coleman, B Y Coleman, T Y Cornell
Cooper E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G
Dii Y Diion

Y Dobbs Y Dukes
Ehihart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden E Graves Y Greene Y Grindley Y Hammontree Y Banner

Y Harbin Y Heard Y Hecht Y HeckitaU Y Hegstrom E Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin

992

JOURNAL OF THE HOUSE,

Y Jackson Y James YJamieson YJenkins
Johnson YJohnston Y Jones Y Joyce YKaye YLadd Y Lakly YLane YLee Y Lewis YLord
Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L

Y Massey Y McBee Y McCall E McClinton
McKinney Y Mills
Mobley Y Mosley Y Muellei
CTNeal Y Orrock Y Parham Y Fairish Y Parsons YPelote Y Perry Y Pinholster Y Poag Y Polak Y Ponder Y Porter

Y PoweU Y PurceU Y Ragas Y Randall Y Ray
Reaves Y Reicheit 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

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 SneUing Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor E Teague

Y Teper Thomas
Y Tillman Y Titus Y Tolbert Y Tiense
Turaquest YTwiggs Y Walker, L Y Walker, RL Y Watson Y West E 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Sanders of the 107th 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 Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 717 Do Pass SB 139 Do Pass, by Substitute
Respectfully submitted, M Coleman of the 142nd
Chairman

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

Mr. Speaker:

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

HB 281 Do Pass, by Substitute HB 720 Do Pass, by Substitute HB 1120 Do Pass

HB 1687 Do Pass SB 55 Do Pass

THURSDAY, FEBRUARY 19, 1998

993

Respectfully submitted, M Lord of the 121st
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 1692 Do Pass
Respectfully submitted, /s/ Dixon of the 168th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs 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 1540 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

The Speaker announced the House in recess subject to call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

994

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 20, 1998

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 Anderaon Ashe Bailey Bannister Barfoot Barnard Barms Bates Benefield Birdsong Bohannon Bradford Bridges
Brooks
Brown
Bunn Burkhalter
I"3TM ,,
XTM_p
P. ,,
ChflderT
Ctak Coan
EColeman, B Connell

Cooper Crawford Crews Culbreth Cummings Davis, M DeLoach, B DeLoach, G Dizon Dobbs Ehrhart Kpps Evans Everett
Floyd
Franklin
Golden E Graves
Greene
Grindley
Hammontree
Hannel
Harbin Heard
Hecht Heckstall

Hegutrom E Henson
Holland Houston Howard Hudgens Hudson, H Hudson, N Hugley Jackson Jenkins Johnson Joyce Kaye
Lakly
Lane
Lee Lewis
Lord
Mann
Manning
Martin, J
Martin, J.L Massey
E McCall E McClinton

McKinney Mills Mosley Mueller O'Neal Parham Parrish E Parsons Pelote PinhoUter Purcell Ragas Ray Rice
Richardson
Roberts
Rogers Sanders
Scarlett
Scott
Shanahan
Shaw
Shipp Sinkfield
Skipper Smith, C

Smith, C.W Smith, L Smith, L.R Smith,? Smith, T Smith, V Snefflng Snow Stallings Stancil, F Stanley, L Stephens Taylor E Teague
Teper
Thomas
Titus Tolbert
Turnquest
Walker, RL
Watson
West
Wiles 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, Canty of the 52nd, Reichert of the 126th, Breedlove of the 85th, Lucas of the 124th, Stanley of the 49th, Jamieson of the 22nd, Randall of the 127th, Tillman of the 173rd, Poag of the 6th, Ladd of the 59th, Sherrill of the 62nd, Royal of the 164th, Porter of the 143rd, Davis of the 48th, Buck of the 135th, Irvin of the 45th, Trense of the 44th, Day of the 153rd, Whitaker of the 7th, Scheid of the 17th, Orrock of the 56th, McBee of the 88th, Westmoreland of the 104th, Yates of the 106th, Bordeaux of the 151st, Dukes of the 161st, Maddox of the 72nd, Dix of the 76th, Twiggs of the 8th, Ponder of the 160th and Felton of the 43rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Jerry F. Newton, Pastor, Jonesboro First United Methodist Church, Jonesboro, 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, FEBRUARY 20, 1998

995

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1731. By Representatives Ehrhart of the 36th, Wiles of the 34th, Sauder of the 29th, Grindley of the 35th, Franklin of the 39th 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 Judiciary.
HB 1732. By Representatives Smith of the 175th and Smith of the 169th: A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1733. By Representatives Smith of the 175th and Smith of the 169th: A bill to amend an Act creating a new charter for the City of Homeland in Charlton County, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1734. By Representative Clark of the 3rd: A bill to create the Catoosa County Public Works Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1735. By Representative Porter of the 143rd: A bill to amend an Act reconstituting the Board of Education of the City of Dublin, so as to change the provisions relating to per diem compensation of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1736. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

996

JOURNAL OF THE HOUSE,

HB 1737. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to provide for an advisory referendum election to be held in Floyd County for the purposes of ascertaining if the consolidation of Floyd County and the City of Rome is desired by the people of said county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1738. By Representative McCall of the 90th:
A bill to amend Code Section 40-14-2 of the Official Code of Georgia Anno tated, relating to permits required for use of speed detection devices and the prohibition against such use when certain officers are paid on a fee system, so as to provide that a permit shall not be issued by the Department of Pub lic Safety to an applicant unless the applicant employs at least one full-time certified peace officer and at least two part-time certified peace officers.
Referred to the Committee on Motor Vehicles.

HB 1739. By Representatives Stanley of the 49th and Stanley of the 50th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions relative to penal institutions, so as to provide that certain persons released from penal institutions to attend a funeral shall be allowed to attend in civilian clothes and unmanacled.
Referred to the Committee on Public Safety.

HB 1740. By Representatives Roberts of the 162nd, Thomas of the 148th, Williams of the 114th and Holland of the 157th:
A bill to amend Code Section 20-2-940 of the Official Code of Georgia Anno tated, relating to the grounds and procedure for terminating or suspending contract of employment, so as to provide that this Code section shall be applicable to any certificated or classified employee.
Referred to the Committee on Education.

HB 1741. By Representative Tolbert of the 25th:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Anno tated, relating to definitions for the "Georgia Lottery for Education Act," so as to change the definition of the term "educational purposes and programs".
Referred to the Committee on State Planning & Community Affairs.

HB 1742. By Representative Parrish of the 144th: A bill to provide a new charter for the City of Stillmore.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1743. By Representative Franklin of the 39th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to medical information, so as to prohibit the release of certain medical information except under certain conditions.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 20, 1998

997

HB 1744. By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the 40th, Bradford of the 30th, Cooper of the 31st and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1137. By Representatives Massey of the 86th, Walker of the 141st, Irvin of the 45th, Ashe of the 46th, Lee of the 94th and others:
A resolution amending the Rules of the House of Representatives.

February 19, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution 1137. This notice is made prior to or upon reading the resolution the first time.
/s/ Warren Massey Representative 86th District
Referred to the Committee on Rules.

HR 1139. By Representatives Canty of the 52nd, Smyre of the 136th, Mobley of the 69th, Watson of the 70th, Tillman of the 173rd and others:
A resolution denouncing the racist statements of Professor Lino Graglia.
Referred to the Committee on Rules.

HR 1140. By Representative McCall of the 90th: A resolution compensating Ms. Abbie Wilhite.
Referred to the Committee on Appropriations.

HR 1141. By Representatives Holmes of the 53rd, Heckstall of the 55th, McKinney of the 51st, Sinkfield of the 57th and Canty of the 52nd:
A resolution creating the Georgia Youth Legislature.
Referred to the Committee on Rules.

HR 1142. By Representative Tillman of the 173rd: A resolution compensating Mr. Henry C. Batson.
Referred to the Committee on Appropriations.

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

HB 1721 HB 1722

HB 1723 HB 1724

998

JOURNAL OF THE HOUSE,

HB 1725 HB 1727 HB 1728 HB 1729 HB 1730 HR 1111 HR 1112 HR 1113 HR 1134 SB 474

SB 477 SB 506 SB 526 SB 535 SB 540 SB 558 SB 565 SB 586 SB 592 SB 598

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 1432 Do Pass, by Substitute HB 1593 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
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 1435 Do Pass, by Substitute HB 1478 Do Pass

HB 1576 Do Pass, by Substitute SB 533 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Smith of the 109th 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 1327 Do Pass, by Substitute
Respectfully submitted, M Smith of the 109th
Chairman

FRIDAY, FEBRUARY 20, 1998

999

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 rec ommendations:
HB 1617 Do Pass, by Substitute HB 1641 Do Pass HB 1642 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 - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 619 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 FRIDAY, FEBRUARY 20, 1998

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enu merated below:

HB 1254 Corrections; sentence packages; reduce required number HB 1360 Firearms; transportation in motor vehicle console, etc. HB 1372 Securities; amend provisions; conform to federal law HB 1448 Motor vehicle self-insurers; taxicabs; certain counties HB 1450 "Home Education Week"; declare first week in February HB 1467 Special county 1 % tax; use for certain voting equipment HB 1578 Motor vehicles; gasoline purchase; penalties for nonpayment HB 1627 High schools; athletic competition; certain prohibitions

HR 872 HR 874 HR 1031 HR 1054 HR 1067

Worldwide Cancer Prayer Day; urge observance Scrap Tire Management Fee; additional legislative intent "George B. Culpepper Highway"; designate "Lauren 'Bubba' McDonald Pkwy"; Veterans' Memorial Pkwy; designate Fulton County; lease property

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

Respectfully submitted, M Lee of the 94th
Chairman

1000

JOURNAL OF THE HOUSE,

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

SB 619. By Senators Johnson of the 1st and Kemp of the 3rd:
A bill to provide a homestead exemption from certain Bryan County 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a refer endum, effective dates, and automatic repeal.

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

Y Alien Y Andereon YAshe Y Bailey Y Bannister YBaifoot Y Barnard YBarnes
Bates Y Benefield
YBirdsong Y Bohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks
Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel!
Guilders Y Clark YCoan
E Coleman, B Y Coleman, T Y Cornell
Y Cooper Y Crawford
Y Crews

Y Culbreth Y CununingB
Y Davis, G Davis, M
Day YDeLoach, B YDeLoach, G YDix YDiion YDobbe
Dukes Ehrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin
Golden E Graves
Greene YGrindley Y Hammontree Y Manner
Y Harbin Y Heard
Hecht YHeckstall
Y Hegstrom E Henson Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Jackson James Y Jamieson YJenkins Y Johnson 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 McBee EMcCall E McClinton McKinney Y Mills
Mobley YMosley Y Mueller
O'Neal YOrrock YParham

YParrish E Parsons
Pelote Y Perry
Pinholster YPoag YPolak
Ponder Y Porter YPowell YPurcell YRagas
Randall YRay
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 Shipp Sims
YSinkfield Y Skipper Y Smith, C
Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelling
Snow YStallings
Stancil F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest
Twiggs Y Walker, L
Y Walker, R.L YWatoon YWest
Y Westmorland YWhitaker Y Wiles
Williams B
Y Williams, J Williams, R
YWorthan
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Pinholster of the 15th stated that he had been called from the floor
of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

FRIDAY, FEBRUARY 20, 1998

1001

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

HB 1636. By Representative Barnard of the 154th:
A bill to amend an Act providing for the election of members of the Board of Education of Tattnall County, so as to provide for nonpartisan election of the chairperson and the members of the board of education.

SB 428. By Senators James of the 35th, Boshears of the 6th, Brown of the 26th and Thomas of the 10th:
A bill to amend Code Section 16-11-38 of the Official Code of Georgia Anno tated, relating to the wearing of a mask, hood, or other device which conceals the identity of the wearer, so as to provide for certain additional exceptions.

SB 460. By Senators Clay of the 37th and Cagle of the 49th:
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 provide for the offense of interfering with a 911 call; to provide for an effective date.

SB 562. By Senators Hill of the 4th, Langford of the 29th, Kemp of the 3rd and oth ers:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide that no policy of insur ance issued or delivered in this state covering any loss, damage, expense, or liability shall exclude or deny coverage because the insured, members of the insured's family, or employees of the insured will keep or carry in a lawful manner firearms on the property or premises of the insured.

SB 620. By Senators Stokes of the 43rd, Walker of the 22nd and Oliver of the 42nd:
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 change certain provisions relating to coverage of treatment of mental dis orders; to provide for available coverage of treatment of mental disorders under certain small group policies; to provide for available coverage of treat ment of mental disorders under certain large group policies.

SB 623. By Senator Oliver of the 42nd:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for manda tory review of appeals from judgments or orders granting or denying awards of attorney's fees or expenses of litigation for frivolous actions and defenses under Code Section 9-15-14; to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to provide when attorney's fees and expenses may be requested in claims by a party that the claims against such party are subject to dismissal pursuant to Code Section 9-11-11.1.

1002

JOURNAL OF THE HOUSE,

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 Anno tated, 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.

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' Retire ment 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 sur vivor option and whose spouse predeceases him or her shall be increased.

HB 1145.

By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and others:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to provide for an exemption with respect to certain motor vehicles owned by former prisoners of war.

HB 1158.

By Representative Childers of the 13th:
A bill to amend Code Section 43-11-21 of the Official Code of Georgia Anno tated, relating to conscious sedation by dentists, so as to provide for certain physicians and nurse anesthetists to administer conscious sedation.

HB 1201.

By Representatives McBee of the 88th, Smyre of the 136th, Hudgens of the 24th 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 authorize the board of regents to sell or transfer certain works of art.

HB 1212.

By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Anno tated, known as the "Structural Pest Control Act," so as to change the provi sions relating to the membership of the State Structural Pest Control Commission.

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

HB 1391.

By Representatives Crews of the 78th and Randall of the 127th:
A bill to enact the "Georgia Street Gangs Act of 1998"; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to designated felonies in juvenile court; to provide procedures under which additional assistant district attorneys may be autho rized; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses.

FRIDAY, FEBRUARY 20, 1998

1003

HB 1424.

By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for income tax pur poses, so as to increase the amount of retirement income exclusion.

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

HB 1307. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th 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 change the provisions relating to reporting of persons hired or returning to work.

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

SB 428. By Senators James of the 35th, Boshears of the 6th, Brown of the 26th and others:
A bill to amend Code Section 16-11-38 of the Official Code of Georgia Anno tated, relating to the wearing of a mask, hood, or other device which conceals the identity of the wearer, so as to provide for certain additional exceptions.
Referred to the Committee on Special Judiciary.

SB 460. By Senators Clay of the 37th and Cagle of the 49th:
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 provide for the offense of interfering with a 911 call; to provide for an effective date.
Referred to the Committee on Industry.

SB 562. By Senators Hill of the 4th, Langford of the 29th, Kemp of the 3rd and oth ers:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide that no policy of insur ance issued or delivered in this state covering any loss, damage, expense, or liability shall exclude or deny coverage because the insured, members of the insured's family, or employees of the insured will keep or carry in a lawful manner firearms on the property or premises of the insured.
Referred to the Committee on Insurance.

SB 620. By Senators Stokes of the 43rd, Walker of the 22nd and Oliver of the 42nd:
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 change certain provisions relating to coverage of treatment of mental dis orders; to provide for available coverage of treatment of mental disorders under certain small group policies; to provide for available coverage of treat ment of mental disorders under certain large group policies.
Referred to the Committee on Insurance.

1004

JOURNAL OF THE HOUSE,

SB 623. By Senator Oliver of the 42nd:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for manda tory review of appeals from judgments or orders granting or denying awards of attorney's fees or expenses of litigation for frivolous actions and defenses under Code Section 9-15-14; to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, so as to provide when attorney's fees and expenses may be requested in claims by a party that the claims against such party are subject to dismissal pursuant to Code Section 9-11-11.1.
Referred to the Committee on Judiciary.

The following Resolutions of the House were read and adopted:

HR 1143. By Representatives Barnes of the 33rd and Childers of the 13th:
A resolution recognizing and commending Suffragan Bishop Stewart Reese, Jr., and the Bethesda Temple Apostolic Faith, Inc.

HR 1144. By Representatives Holmes of the 53rd, Heckstall of the 55th, McKinney of the 51st, Sinkfield of the 57th and Canty of the 52nd:
A resolution commending and congratulating Reverend Edward Lee.

HR 1145. By Representatives Parrish of the 144th, Coleman of the 142nd, Porter of the 143rd, Parham of the 122nd and Channell of the lllth:
A resolution commending Ivy N. Cadle.

HR 1146. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending Louis J. Fiorenza.

HR 1147. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending Vivian Fiorenza.

HR 1148. By Representative Tolbert of the 25th: A resolution recognizing and congratulating Josh Smith.

HR 1149. By Representatives Stanley of the 49th, McKinney of the 51st, Davis of the 48th, Stanley of the 50th, Brooks of the 54th and others:
A resolution commending Ms. Laura A. Lawson.

HR 1150. By Representatives Buck of the 135th, Parham of the 122nd, Porter of the 143rd, Coleman of the 142nd, Hanner of the 159th and others:
A resolution recognizing and commending Tom Rawls.

HR 1151.

By Representatives Brooks of the 54th, Teper of the 61st, McKinney of the 51st, Davis of the 48th, Canty of the 52nd and others:
A resolution commending the Atlanta Chapter of the National Association of the Advancement of Colored People (NAACP).

FRIDAY, FEBRUARY 20, 1998

1005

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

HB 1254. By Representatives Dobbs of the 92nd, Greene of the 158th, Barfoot of the 155th, Sherrill of the 62nd, Lane of the 146th and others:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Anno tated, relating to the transmittal of information on convicted persons, so as to reduce the number of sentence packages required to be transmitted to the commissioner 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 roll call was ordered and the vote was as follows:

Y Alien Y Anderaon YAshe
Bailey Bannister Y Barfoot Y Barnard YBarnes Y Bates Y Benefield Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Buckner
YBunn Burkhalter
YByrd Y Campbell
Y Canty YCash YChannell Y Guilders
Y Clark YCoan E Coleman, B Y Coleman, T
Connell
Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B YDeLoach, G YDiz YDiion Y Dobbs Y Dukes
Ehrhart YEpps
Evans YEverett Y Felton YFloyd Y Franklin
Golden E Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Heard YHecht Y Heckstall YHegstrom EHenson Y Holland
Holmes Y Houston Y Howard Y Hudgerc Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson
Jenkins Y Johnson
Johnston Jones Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord
Y Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee EMcCall E McClinton
McKinney YMills
Mobley YMosley Y MueUer YO'Neal YOrrock YParham

Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag
Polak Ponder Y Porter Y Powell YPurcell YRagas Randall Ray 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 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
Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J
Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1467. By Representatives Royal of the 164th, Buck of the 135th, Skipper of the 137th and Polak of the 67th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to procedures for the imposition of the special county 1 per cent 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1006

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Andenon
YAshe Bailey
Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield
Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Burkhalter YByrd Y CampbeU Y Canty YCash YChanneU
YChQders Y Clark YCoan E Coleman, B Y Coleman, T YConnell Y Cooper E Crawford Y Crews

Y Culbreth Y Cununings Y Davis, G Y Davis, M YDay
DeLoach. B Y DeLoach, G YDix YDiion YDobbs Y Dukes
Ehrhart YEpps
Evans Everett Y Felton YFloyd Y Franklin Golden E Graves YGreene Y Grindley Y Hanunontree Hanner Y Harbin
Y Heard YHecht YHeckrtall YHegstrom E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins
Johnson 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 EMcCall E McClinton Y McKinney YMills Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham

YParrish E Parsons Y Pelote Y Perry Y Pinholster
YPoag Polak Ponder
Y Porter Y Powell YPurcell YRagas YRandall
YRay 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
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 YSnelling YSnow YStallings Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L
Walker, R.L Y Watson
West Westmorland
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 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1448.

By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Anno tated, relating to motor vehicle self-insurers, so as to change certain provi sions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.

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

Y Alien Y Andenon
YAshe Bailey
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
Buckner Bunn Burkhalter
YByrd Y CampbeU Y Canty YCash Y Channel! Y Childers Y Clark YCoan E Coleman, B Y Coleman, T

Cornell Y Cooper E Crawford Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
YDay DeLoach, B
Y DeLoach, G Dix
YDixon YDobbs Y Dukes Y Ehrhart

YEpps Y Evans
Everett Y Felton Y Floyd Y Franklin
Golden E Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Heard Y Hecht Y Heckstall

Y Hegstrom E Henson
Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N Y Hugley Ylrvin
Jackson
Y James Y Jamieson Y Jenkins
Johnson

FRIDAY, FEBRUARY 20, 1998

1007

Johnston Jones Y Joyce YKaye YLadd YLakly YLane YLee YUwis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMauey McBee EMcCall E McClinton

McKinney Y Mills YMobley
Mosley Y Mueller YO-Neal YOrrock YParham YParrish E Parsons YPelote Y Perry Y Pinholster YPoag
Polak Ponder
Y Porter YPowell
YPureell YRagas

YRandall YRay
Reaves
Y Reichert YRice Y Richardson Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan YShaw YSherriU 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 YSnelling YSnow YStallings
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P
Y Stephens Y Taylor ETeague YTeper

Y Thomas YTUlman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L YWateon
West Westmoroland YWhitaker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan Yates Murphy, Spkr

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

HB 1627.

By Representatives Murphy of the 18th, Hudson of the 156th, West of the 101st, Perry of the llth, Shaw of the 176th and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs under the "Quality Basic Education Act," so as to define terms; to provide that no high school which receives funds under said Act shall participate in or sponsor interscholastic sports events which are conducted under the authority of any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with certain requirements.

By unanimous consent, HB 1627 was withdrawn from consideration.

HB 1578.

By Representative Perry of the llth:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit driving a motor vehicle off of the premises of an establishment where gasoline offered for retail sale was dispensed into the vehicle unless payment or authorized charge has been made for such gasoline.

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

N Alien N Andenon YAshe
Y Bailey Y Bannister YBarfoot Y Barnard YBaraes
Y Bates Y Benefield
Birdsong
Y Bohannon N Bordeaux Y Bradford Y Breedlove

Y Bridges N Brooks Y Brown YBuck YBuckner
YBunn Y Burkhalter YByrd Y Campbell
N Canty YCash Y Channel!
Y Childen Y Clark NCoan

E Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford Y Crews Y Culbreth N Cummings N Davis. G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDii YDfcon

YDobbs N Dukes YEhrhart YEpps Y Evans E Everett
Felton Floyd Y Franklin Y Golden E Graves Greene Y Grindley Y Hammontree Y Manner

Y Harbin Y Heard YHecht YHeckstall YHegstrom EHenson Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin

1008

JOURNAL OF THE HOUSE,

Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones N Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L

YMassey YMcBee EMcCall E McClinton
McKinney YMills N Mobley YMoeley Y MueUer YO-Neal YOrrock YParham YPanish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter

Y Powell YPurcell NRagas YRandall
Ray Reaves Y Roichert YRice Y Richardson Y Roberts
Y Rogers Y Royal
Y Sanders Y Sauder YScailett
Scheid Y Scott Y Shanahan YShaw YSherrffl YShipp

YSims N Sinkfuld
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 NSnelling YSnow YStallings
Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor ETeague

NTeper Y Thomas Y Tillman
Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, the ayes were 138, nays 18. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Coan of the 82nd was recorded as "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following resolution of the Senate:

SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Dean of the 31st, Walker of the 22nd and Perdue of the 18th.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1189.

By Representatives Walker of the 141st, Skipper of the 137th, Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxa tion of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide resi dential transitional property.

FRIDAY, FEBRUARY 20, 1998

1009

The following Senate amendment was read:

Amend HB 1189 by adding preceding the quotation mark on line 25 of page 2 the follow ing:
"As to property approved for preferential assessment prior to July 1^ 1998, the county board of tax assessors shall file copies of all approved applications in the office of the clerk of the superior court not later than August 14, 1998, and the clerk shall file, index. and record such approved applications, as provided for in this subsection, with the fee of the clerk of the superior court for filing, indexing, and recording to be paid out of the general funds of the county."

Representative Walker of the 141st moved that the House agree to the Senate amend ment to HB 1189.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen
Ashe Y Bailey
Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
YBinbong Y Bohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
YBuck Buckner
YBunn YBurkhalter YBjrrd Y Campbell Y Canty YCash Y Channell YChilders Y Clark YCoan E Coleman B Y Coleman, T Y Connell Y Cooper E Crawford Y Crews

Y Culbreth Y Cumminffs Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDfc YDiion YDobbs Y Dukes YEhrhart YBpps Y Evans
EEverett Felton Floyd
YFranklin
Y Golden E Graves
Greene Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom EHenson Y Holland Y Holmes Y Houston Howard Y Hudgens Y Hudson, H

Y Hudson, N
Y Hugley Ylrvin
Jackson
Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Y Jones Y Joyce YKaye YLadd YLakly
Lane YLee Y Lewis YLord
Lucas Y Maddox YMann Y Manning Y Martin, J
Martin, J.L YMassey Y McBee EMcCall E McClinton
Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO'Neal
Orrock YParham

On the motion, the ayes were 150, nays 0. The motion prevailed.

YParrish E 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
Scheid Y Scott YShanahan YShaw YSherrffl 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
ETeague YTeper
Y Thomas Y Tillman
Titus Y Tolbert
YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wbitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

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

1010

JOURNAL OF THE HOUSE,

HB 1360.

By Representatives Powell of the 23rd, Floyd of the 138th and Coleman of the 142nd:
A bill to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passen ger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.

The following amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 1360 by adding on line 9 of page 1 between the word "compartment" and the word "of the following:
"or trunk". By adding on line 31 of page 1 between the word "compartment" and the word "of the following:
"or trunk".

The following amendment was read:

Representative Joyce of the 1st moves to amend HB 1360 as follows:
Page 1 line 30 strike from the word after "in" through the end of the page, and insert
"Any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 may carry any firearms in any location in a motor vehicle."

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

Y Alien YAndenon EAshe YBailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates YBenefield YBirdsong Y Bobannon Y Bordeaux Y Bradford
Breedlove N Bridge.
Brooks Y Brown YBuck
Buckner YBunn YBurkhalter YByid Y Campbell
Canty YCash Y Channell YChilden Y Clark YCoan E Coleman, B

Y Coleman, T YConneU
Y Cooper E Crawford Y Crews YCulbreth Y CunmunKB Y DaTM, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDix Y Dizon YDobbs N Dukes YEhrhart YEppe Y Evans EEverett
Felton Floyd Y Franklin Y Golden E Graves Greene YGrindley Y Hanunontree Y Manner Y Harbin N Heard

YHecht YHeckstall NHegstrom EHenson E Holland N Holmes Y Houston
Howard YHudgens N Hudson, H Y Hudson, N NHugley Ylrvin Y Jackson Y James N Jamieson Y Jenluns
Johnson Y Johnston Y Jones
Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord N Lucas YMaddoi YMann

Y Manning
N Martin, J Y Martin, J.L YMassey NMcBee EMcCaU E McClinton YMcKinney YMills Y Mobley Y Mosley Y Mueller YO'Neal
NOrrock Parham
YParriah E Parsons NPelote Y Perry Y Pinholater YPoag NPolak Y Ponder
Porter N Powell YPurcell YRagas YRandall YRay
Reaves Y Reichert

YRice Y Richardson
Y Roberta Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid
Y Scott Y Shanahan
Shaw Sherrill YShipp YSims N Sinkfield N 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 YSnelling YSnow YStaUings Y Stancil, F
Y Stances Stanley, L

FRIDAY, FEBRUARY 20, 1998

Y Stanley, P Y Stephens NTaylor ETeague NTeper

N Thomas Y Tillman Y Titus YTolbeit Y Trense

Turnquest Y Twiggs Y Walker, L Y Walker, R.L N Watson

Y West Y Westmoreland Y Whitaker Y Wiles
Williams, B

On the adoption of the amendment, the ayes were 129, nays 22. The amendment was adopted.

The following amendment was read:

1011
Y Williams, J Y Willianu, R Y Worthan Y Yates
Murphy, Spkr

Representative Massey of the 86th moves to amend HB 1360 by adding on line 12 of page 1 after the word and symbol "vehicle;" the following:
"to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying deadly weapons to or at public gatherings, so as to limit the application of the term 'public gathering';".
By striking line 1 of page 2 and inserting in lieu thereof the following:
"SECTION 2.
Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying deadly weapons to or at public gatherings, is amended by striking subsection (b) and inserting in its place the following:
'(b) For the purpose of this Code section, "public gathering" shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm on public transportation or in any other public place by a person licensed or permitted to carry such firearm by this part.'
SECTION 3.".
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Alien NAndereon E Ashe N Bailey Y Bannister NBarfoot N Barnard N Banes
Bates NBenefield NBirdsong NBohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown NBuck
Buckner Bunn NBurkhalter N Byrd N Campbell N Canty N Cash N Channel! NChilders

Y Clark Y Coan E Coleman, B N Coleman, T N Connell N Cooper E Crawford N Crews NCulbreth Y Cummings N Davis, G Y Davis, M Y Day N DeLoach, B Y DeLoach, G
Dii N Dixon N Dobbs N Dukes Y Ehrhart NEpps Y Evans E Everett N Felton
Floyd Y Franklin N Golden E Graves

Greene Y Grindley Y Hammontree N Hanner N Harbin N Heard
Hecht N HeckstaU N Hegstrom E Henson N Holland N Holmes N Houston
Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson N James N Jamieson N Jenkins
Johnson Y Johnston
Jones Y Joyce Y Kaye

N Ladd Y Lakly N Lane N Lee Y Lewis N Lord N Lucas N Maddoi Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee E McCall E McClinton Y McKinney N Mills N Mobley N Mosley Y Mueller N O'Neal N Orrock
Parham N Parrish E Parsons N Pelote N Perry

N Pinholster N Pong N Polak N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray
Reaves N Reichert N Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan
Shaw N Sherrill N Shipp N Sims N Sinkfield

1012

JOURNAL OF THE HOUSE,

N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith,? N Smith, T N Smith, V

N Smyre Y Snelling N Snow N Stallings N StancU, F N Stancil,S N Stanley, L N Stanley, P

Y Stephens N Taylor E Teague N Teper N Thomas NTillman Y Titus N Tolbert

N Trense Turnquest
N Twiggs N Walker, L Y Walker, RL N Watson N West Y Westmorland

N Whitaker Y Wiles
Williams, B N Williams, J N Williams, R N Worthan Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 36, nays 117. The amendment was lost.

The following amendment was read:

Representatives Twiggs of the 8th, Cummings of the 27th and Grindley of the 35th move to amend HB 1360 by adding on line 12 of page 1 after the word and symbol "vehicle;" the following:
"to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating tiongc';a"r.rying deadly weapons to or at public gatherings, so as to redefine 'public gather
By striking line 1 of page 2 and inserting in lieu thereof the following:
"SECTION 2.
Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying deadly weapons to or at public gatherings, is amended by striking subsection (b) and inserting hi its place the following:
'(b) For the purpose of this Code section, "public gathering" shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises ether than cstabliahmcnto at which alcoholic bcvcragca may lawfully be sekl e Sundays. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.'
SECTION 3.".

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

Y Alien Y Andersen EAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Bates YBenefield YBirdsong N Bohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown YBuck
Buckner YBunn YBurkhalter

Y Byrd Y Campbell N Canty Y Cash Y Channel! Y Childen Y Clark Y Coan E Coleman, B Y Coleman, T Y Connell Y Cooper E Crawford Y Crews Y Culbreth Y Cummings Y DaTM, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix

Y Dixon Y Dobbs Y Dukes Y Em-hart Y Epps Y Evans E Everett Y Felton
Floyd Y Franklin Y Golden E Graves
Greene Y Grindley Y Hammontree
Hanner Y Harbin N Heard Y Hecht Y Heckstall N Hegstrom E Henson

Y Holland N Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James
Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee

Y Lewis Y Lord Y Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee E McCall E McClinton Y McKinney Y Milk N Mobley Y Mosley Y MueUer Y O'Neal N Orrock
Parham Y Pan-ten E Parsons

FRIDAY, FEBRUARY 20,1998

1013

YPelote Y Perry
Y Pinholater YPoag NPolak Y Ponder Y Porter YPowell YPurceU NRagas NRandall YRay
Reaves YReichert

YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott YShanahan
Shaw SherriU 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 YSnelling YSnow YStallings

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague NTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest

On the adoption of the amendment, the ayes were 135, nays 18. The amendment was adopted.

YTwiggs Y Walker, L Y Walker, R.L N Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B N Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

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

Y Alien Y Andenon EAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield YBirdsong YBohannon N Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell N Canty YCash YChannell YChilders Y Clark YCoan EColeman, B Y Coleman, T Y Connell Y Cooper E Crawford Y Crews

Y Culbreth Y Cummings N Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans EEverett Y Felton
Floyd Y Franklin Y Golden E Graves
Greene YGrindley YHammontree Y Manner Y Harbin Y Heard YHecht YHeckstall N Hegstrom E Henson Y Holland N Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N N Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey YMcBee EMcCaU E McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal NOrrock
Par ham

YParrish E Parsons N Pelote Y Perry Y Pinholster YPoag NPolak Y Ponder Y Porter Y Powell YPurcell YRagas
Randall YRay
Reaves Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague NTeper N Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 144, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 872. By Representatives Bohannon of the 139th, Crews of the 78th, Thomas of the 148th, Stallings of the 100th, Taylor of the 134th and others:
A resolution urging the observance of Worldwide Cancer Prayer Day.

1014

JOURNAL OF THE HOUSE,

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

Y Alien Y Andersen
EAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBitdsong YBohannon
Bordeaux Y Bradford
Breedlove
Y Bridges Y Brooks Y Brown
YBuck Buckner
YBunn Y Burkhalter
YByrd Y Campbell Y Canty YCash YChannell YChildera Y Clark YCoan EColeman, B Y Coleman, T YConnell
Cooper E Crawford
Y Crews

Y Culbreth Y Cummuigs Y Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDix YDixon
YDobbs Y Dukes YEhrhart
Epps Y Evans EEverett YFelton
Floyd Y Franklin Y Golden E Graves
Greene YGrindley Y Hammontree
Manner Y Harbin Y Heard
Hecht YHeckstall YHegstrom EHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson James Y Jamieson Y Jenkins Johnson Y Johnston Jones Y Joyce YKaye YLadd YLakly YLane Lee Y Lewis YLord
Lucas Maddox YMann Y Manning Martin, J Y Martin, J.L
YMassey YMcBee EMcCall E McClffiton
Y McKinney Y Mills Y Mobley YMosley Y MueUer YO'Neal YOrrock YParham

YParrish E Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak
Ponder
Y Porter YPowell YPurcell
YRagas Randall
YRay Reaves
Y Reichert
YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan
Shaw YSherrill YShipp 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 YSnelling YSnow E Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague
Teper Y Thomas
Tillman
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
Whitaker YWUes
Williams, B Y Williams, J Y Williams, R
Worthan Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 138, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Randall of the 127th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HB 1450.

By Representatives Smith of the 169th, Sims of the 167th, Mosley of the 171st, Byrd of the 170th, Holland of the 157th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to declare the first week in February of each year as "Home Education Week" in 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 EAshe

Y Bailey
Y Bannister YBarfoot

Y Barnard YBarnes Y Bates

Y Benefield YBirdsong Y Bohannon

Bordeaux Y Bradford
Breedlove

FRIDAY, FEBRUARY 20, 1998

1015

Y Bridge. Y Brooks Y Brown
YBuck Buckner Buna
YBurkhalter YByid Y Campbell
Canty YCaih YChannell YChUdere Y Clark YCoan EColeman, B YColeman, T
Connell Y Cooper ECrawford Y Crews YCulbreth Y Cummiiigs YDavis, G Y Davis, M
Day YDeLoach,B YDeLoach, G YDii YDixon
Dobbs Y Dukes YEhrhart

YEpps Y Evans EEverett YFelton
Floyd Y Franklin Y Golden E Graves
Greene YGrindley Y Hammontree
Hanner Y Harbin Y Heard YHecbt YHeckstall YHegstrom EHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H
Hudson, N YHugley Ylrvin
Jackson Y James Y Jamieeon YJenkins
Johnson Y Johnston

Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey
McBee EMcCall E McClinton
McKinney Y Mills Y Mobley YMosley YMueller YO'Meal YOrrock YParham YParrish E Parsons YPelote Y Perry Y Pinholster YPoag

On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith, V YSmyre YSnelling YSnow EStallings Y Stancil, F Y Stancil,S
Stanley, L Stanley, P Y Stephens YTaylor ETeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Watson
YWest
Y WestmoreUnd Whitaker
Y Wiles Williams, B
Y Williams, J Y Williams, R
Worthan YYates
Murphy, Spkr

HB 1372.

By Representative Polak of the 67th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to make certain changes to conform with the federal National Securities Markets Improvements Act of 1996.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to make certain changes to conform with the federal National Securities Markets Improvements Act of 1996; to change and add definitions; to provide for the lim ited regulation of federal covered advisers and out-of-state investment advisers; to impose notice filing and fee requirements on issuers of federal covered securities; to change provi sions relating to securities exempt from registration and exempt transactions; to change provisions relating to service of process; to include references to federal covered advisers in provisions governing unlawful practices; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking paragraphs (14), (15), and (25) of subsection (a) of Code Section 10-5-2, relating to definitions and rules of construction, and inserting in lieu thereof new paragraphs to read as follows:
"(13.1) 'Federal covered adviser' means a person who is registered with the Securities and Exchange Commission pursuant to Section 203 of the federal Investment Advisers Act of 1940.

1016

JOURNAL OF THE HOUSE,

(13.2) 'Federal covered security' means any security that is a covered security under Section 18(b) of the Securities Act of 1933 or regulations promulgated thereunder.
(14) 'Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. A person shall not be considered an investment advisor solely as a result of using a nationally recognized designation such as Certified Financial Planner, Chartered Financial Consultant, Personal Finan cial Specialist, or a similar designation as determined by the office of Secretary of State. As used in this chapter, the term 'certified public accountant' means a certified public accountant or a firm thereof, registered pursuant to Chapter 3 of Title 43. 'Investment adviser' shall also include any person who holds himself or herself out as a 'financial planner' or 'investment adviser' other than a certified public accountant. The term 'investment adviser' does not include a person who is excluded from the def inition of 'investment adviser' under Section 202(a)(ll) of the federal Investment Advisers Act of 1940; a 'federal covered adviser' as defined in paragraph (13.1) of this subsection; or a certified public accountant whose performance of investment advisory services is solely incidental to the practice of his or her profession or who does not accept or receive, directly or indirectly, any commission, payment, referral, or other form of remuneration as a result of the purchase or sale of a specific security by a client, does not recommend the purchase or sale of specific securities, and does not have custody of client funds or securities for investment purposes. Unless they held themaolvco a person holds himself or herself out as such, the term 'investment adviser' also does not include (i) an investment adviser representative; (ii) a lawyer, engineer, or teacher whose performance of investment advisory services is solely incidental to the practice of his or her profession; (iii) a securities dealer or his or her agent whose performance of these services is solely incidental to the conduct of his or her business as a securities dealer and who receives no special compensation for them such services: (iv) a publisher of any newspaper, news column, newsletter, news magazine, or busi ness or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this paragraph; as the commissioner may designate by rule or order. The tew* 'investment adviser' afee etees net meted* the following antess they OK required te be registered as an investment adviser pursuant te the Investment Adviocra Act ef1040, as amended; er rates; regulations, or interpretations thereunder! a- bank; a- bank holding company as defined in the Bank Holding Company Act ef-1066; which is- net an investment company; a savings institution; a credit tmien; or a treat company or any employees ef- sweh cntitica.
(15) 'Investment adviser representative' means:
(A) With respect to an investment adviser, any individual, other than an investment adviser, who is a partner, officer, or director (or a person occupying a similar status or performing similar functions) of an investment adviser or any other individual who, on behalf of an investment adviser, engages in the business of advising others as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities; or
(B) With respect to a federal covered adviser, any individual defined as an 'invest ment adviser representative' by_ Rule 203A-3 of the Securities and Exchange Com mission under the federal Investment Advisers Act of 1940, Section 275.203A, provided such representative has a 'place of business,' as defined by Rule 203A-3. in this state."
"(25) 'Salesman2 'Salesperson' means an individual, other than a dealer or limited dealer registered under this chapter, employed or appointed or authorized by a dealer, limited dealer, or issuer to sell securities in this state. The general partners or execu tive officers of a dealer or a limited dealer engaged in the offer or sale of securities

FRIDAY, FEBRUARY 20, 1998

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and any general partners of an issuer or executive officers of any general partner of an issuer or executive officers of an issuer offering or selling securities of such issuer shall not be deemed to be salesmen salespersons within the meaning of this definition unless they are paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this paragraph. The term 'salesperson' does not include an individ ual who represents a dealer in effecting only transactions in this state which are described |n Section 15(h)(2) of the Securities Exchange Act of 1934 or an individual who represents an issuer in effecting transactions in a federal covered security as described in Sections 18(b)(3) or 18(b)(4)(D) of the Securities Act of 1933."
SECTION 2. Said chapter is further amended by striking Code Section 10-5-3, relating to registration of dealers, salespersons, investment advisers, and investment adviser representatives, and inserting in lieu thereof a new Code Section to read as follows:
"10-5-3.
(a)Generally. No dealer, limited dealer, salesman salesperson, or limited salesman salesperson, as defined by this chapter, shall offer for sale or sell any securities within or from this state, except in transactions exempt under paragraph (1), (2), (6), (7), (8), (9), (11), or (12) of Code Section 10-5-9, unless he or she is a registered dealer, limited dealer, salesman salesperson, or limited salesman salesperson pursuant to this Code sec tion; provided, however, that a real estate broker or salesman salesperson licensed to sell real estate in this state shall not be required to register as a dealer or a limited dealer or as a salesman salesperson or a limited salesman salesperson under this chapter in connection with a sale by him or her of a security consisting of any interest in a residen tial unit and any rental management arrangement relating thereto. No investment adviser or investment adviser representative, as defined by this chapter, shall transact business within or from this state unless he or she is a registered investment adviser or investment adviser representative pursuant to this Code section. (b)Applicability of subsection subsections (a) and (g). The provisions of subsection sub sections (a) and (g) of this Code section regarding investment advisers^ federal covered advisers, or investment adviser representatives shall not apply to:
(1) Any investment adviser^ federal covered advisers, or investment adviser represen tative whose only clients are insurance companies; or (2) Any investment adviser^ federal covered advisers, or investment adviser represen tative who during the course of the preceding 12 months has had fewer than W six clients m THIS sifltG &&& WHO Hcitncr nOiu9 ftimscit out ^fcnoFfliiy t inc puoiic ftft flu investment adviser er investment adviser representative aer acts as tot investment adviacr te aay invcatmcnt company registered ude* the Investment Company Act ef4049. (c)Dealers and limited dealers. Application for registration as a dealer or limited dealer may be made by any person. Such application for registration shall be made in a manner prescribed by the commissioner, shall be verified by the applicant, shall be filed with the commissioner, and shall contain the following information: (1) The name of the applicant;
(2) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (3) The form of business organization and the date of organization of the applicant;
(4) The names and business addresses of all general partners, limited partners, direc tors, affiliates, or executive officers of the applicant; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten years; (5) A brief description of the general character of the business conducted or proposed to be conducted by the applicant;

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(6) A list of any other states in which the applicant is registered as a securities bro ker, dealer, or salesman salesperson and, if registration of the applicant as a securities broker, dealer, or salesman salesperson has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto;
(7) Whether the applicant is registered as a broker or dealer under the Securities Exchange Act of 1934 or any act adopted in amendment thereof and whether any such registration of the applicant has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension by the Securities and Exchange Commission;
(8) The names of all organizations of securities brokers or dealers of which the appli cant is a member or before which any application for membership on the part of the applicant is then pending and whether any membership of the applicant in any such organization has ever been denied, revoked, or suspended or is then the subject of pro ceedings for revocation or suspension;
(9) The names of any securities exchanges of which the applicant or any of its part ners, limited partners, directors, affiliates, or executive officers is a member and whether any such membership has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension; (10) A balance sheet as of a date within 90 days prior to the date of filing. This bal ance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the fiscal year preceding such last fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be cer tified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his or her residence or principal office;
(11) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunction or disci plinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge.
The commissioner may waive the furnishing of any information required by this subsec tion (other than the requirements with respect to financial statements provided for in paragraph (10) of this subsection) and may require such additional information as to the
previous history, records, or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he or she may deem necessary to
establish whether or not the applicant should be registered as a dealer under this chap ter.
No applicant shall be registered as a dealer or limited dealer under this chapter nor
shall any such registration be renewed, unless each principal of such applicant has passed a written examination administered by the commissioner or someone acting
under his or her direction, or unless such applicant presents proof satisfactory to the commissioner showing that each principal has previously passed a similar examination
conducted by the National Association of Securities Dealers, Inc., or any other examina tion substantially similar to that given by the commissioner, as the commissioner may determine. The commissioner is further authorized to prescribe the time, manner, or
procedure relative to the holding of such examination and may impose a fee against each principal taking said examination to cover the costs thereof. For the purposes of this subsection only, with respect to a dealer or an applicant for registration as a dealer, the
term 'principal' refers to a person associated with such dealer or applicant who is

FRIDAY, FEBRUARY 20, 1998

1019

engaged in the management of such dealer's or applicant's business, including the super vision, solicitation, or conduct of such business or the training of persons associated with such dealer or applicant for any of these functions.
There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against such applicant in the manner and form provided in Code Section 10-5-18 and payment of the prescribed regis tration fee.
When an applicant has fully complied with this subsection and subsections (i) and (j) and (k) of this Code section, the commissioner shall register such applicant as a dealer unless he or she shall find that the applicant is not of good business reputation or does not appear qualified by training or experience to act as a dealer in securities. When the commissioner has registered an applicant as a dealer, he or she shall immediately notify the applicant of such registration.
The procedure and requirements relative to the registration of a dealer as provided in this subsection shall likewise apply to the registration of a limited dealer, except that an applicant for registration as a limited dealer shall furnish the commissioner, as part of his or her application, information as to the particular issue or class or type of securi ties with respect to which he or she desires to act as a dealer. Any license, certificate, or other evidence of registration issued by the commissioner to a limited dealer shall
specify the issue or class or type of securities with respect to which such registration authorizes such limited dealer to act as a dealer. (d)Salcsmcn Salespersons and limited salesmen salespersons. Application for registration as a aolcamon salesperson or a limited salesman salesperson may be made by any indi
vidual. Such application for registration shall be made in a manner prescribed by the commissioner, shall be verified by the applicant and by the dealer, limited dealer, or issuer employing or proposing to employ such applicant, shall be duly verified under oath, shall be filed with the commissioner, and shall contain the following information:
(1) Name and residence and business addresses of the applicant; (2) Name of the dealer, limited dealer, or issuer employing or proposing to employ the applicant; (3) Names and addresses of three persons of whom the commissioner may inquire as
to the character and business reputation of the applicant; (4) Applicant's age and education; (5) The nature of employment and names and addresses of employers of the applicant
for the period of ten years immediately preceding the date of application; (6) Other state or federal laws under which the applicant has ever been registered as a securities broker, dealer, or salesman salesperson and, if any such registration has ever been refused, canceled, suspended, or revoked or if such a proceeding is pending,
full details with respect thereto; and (7) Whether the applicant has ever been subject to any injunction or disciplinary pro ceeding of the Securities and Exchange Commission or any state securities commission
involving a security or any aspect of the securities business, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of or charged with a felony, and, if so, all pertinent information with respect to such
injunction, disciplinary proceeding, conviction, or charge. The commissioner may waive the furnishing of any information required by this subsec tion and may require such additional information as to applicant's previous business
experience as he or she may deem necessary to determine whether or not the applicant should be registered as a salesman salesperson under the provisions of this chapter.
There shall be filed with such application payment of the prescribed registration fee. When an applicant has fully complied with the provisions of this subsection and subsec tions {i} and (j) and (k) of this Code section, the commissioner shall register such appli
cant as a salesman salesperson, unless he or she finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowl edge of the securities business to act as a salesman salesperson of securities. When the
commissioner has registered an applicant as a salesman salesperson, he or she shall
immediately notify the applicant of such registration.

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No dealer, limited dealer, or issuer shall employ any salesman salesperson or limited salesman salesperson who is not registered as required by this chapter, and each such person shall promptly notify the commissioner of the termination of the employment by him or her of a aalcomon salesperson or limited salesman salesperson; and the registra tion of such oolcaman salesperson or limited salesman salesperson shall automatically be terminated from the time of termination of such employment. Any license, certificate, or other evidence of such registration which such salesman salesperson or limited sales man salesperson has been issued shall immediately be returned to the commissioner. The procedure relative to the registration of a salesman salesperson as provided in this subsection shall likewise apply to the registration of a limited salesman salesperson. except that an applicant for registration as a limited salesman salesperson shall furnish the commissioner with information as to the particular issue or class or type of securities which he or she desires to sell or offer for sale. Any license, certificate, or other evidence of registration issued by the commissioner to a limited salesman salesperson shall specify
the issue or class or type of securities which such registration authorizes such limited salesman salesperson to sell or offer for sale. No applicant shall be registered as a salesman salesperson or limited salesman
salesperson under this chapter nor any such registration be renewed, unless such person has passed a written examination administered by the commissioner or someone acting under his or her direction or unless such applicant presents proof satisfactory to the commissioner showing that he or she has previously passed a similar examination con
ducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the commissioner, as the commissioner may deter mine. The commissioner is further authorized to prescribe the time, manner, and proce dure relative to the holding of such examination and may impose a fee against the
applicant taking said examination to cover the costs thereof. There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against the applicant in the manner and form provided in Code Section 10-5-18.
In addition to the requirements of this subsection, an application for registration by any individual who, upon registration, would be a designated salesman salesperson shall con tain a certification that the applicant has completed or has begun and will complete a
four-month period of training with a dealer or designated dealer registered under this chapter before offering to sell, selling, offering to purchase, or purchasing any designated security.
(e)Investment advisers. Application for registration as an investment adviser may be made by any person. Such application for registration shall be made in a manner pre
scribed by the commissioner, shall be verified by the applicant, shall be filed with the commissioner, and shall contain the following information:
(1) The name and form of organization under which the investment adviser engages
or intends to engage in business in this state; (2) The name of the state or other sovereign power under which such investment adviser is organized; (3) The location of the investment adviser's principal place of business and branch offices, if any;
(4) The names and addresses of the investment adviser's partners, officers, directors, and persons performing similar functions, or, if such an investment adviser is an indi
vidual, the name and residence and business addresses of such individual; (5) The number of the investment adviser's employees; (6) The education, the business affiliations for the past ten years, and the present
business affiliations of such investment adviser and of such investment adviser's part ners, officers, directors, and persons performing similar functions and of any control ling person thereof;
(7) The nature of the business of such investment adviser, including the manner of giving advice and rendering analyses or reports; (8) Investment advisers with custody of client funds or securities or requiring prepay ment of more than $500.00 in fees per client six or more months in advance must pro
vide a balance sheet for the most recent fiscal year. Said balance sheet shall be

FRIDAY, FEBRUARY 20, 1998

1021

prepared in accordance with generally accepted accounting principles and shall, as the commissioner may by rule specify, be audited by an independent public accountant; (9) The nature and scope of the authority of such investment adviser with respect to clients' funds and accounts; (10) The basis or bases upon which such investment adviser is compensated; (11) Whether such investment adviser, any investment adviser representative, or any person associated with such investment adviser is subject to any disqualification which would be a basis for denial, suspension, or revocation of registration of such invest ment adviser under the provisions of subsection {g} h} of this Code section or under the provisions of Code Section 10-5-4 of this chapter; and (12) A statement as to whether the principal business of such investment adviser con sists or is to consist of acting as investment adviser, and a statement as to whether a substantial part of the business of such investment adviser consists or is to consist of rendering investment supervisory services. The commissioner may waive the furnishing of any information required by this subsec tion and may require such additional information as to the previous history, records, or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he or she may deem necessary to establish whether or not the appli cant should be registered as an investment adviser under this chapter. The commissioner
may further, if he or she finds it to be in the best interests of the public, by. rule or regulation create procedures and exemptions relating to investment advisers which pro cedures and exemptions would have as their objectives compatibility with federal exemp tions and uniformity among the states. No applicant shall be registered as an investment adviser under this chapter nor shall
any such registration be renewed unless the applicant, if an individual, and each invest ment adviser representative of such applicant has passed a written examination
approved by the commissioner. There shall be filed with such application an irrevocable written consent of the applicant
to the service of process upon the commissioner in actions against such applicant in the manner and form provided in Code Section 10-5-18 and payment of the prescribed regis tration fee.
When an applicant has fully complied with this subsection and subsection {*) (j) of this Code section, the commissioner shall register such applicant as an investment adviser unless he or she shall find that the applicant is not of good business reputation or does not appear qualified by training or experience to act as an investment adviser. When the commissioner has registered an applicant as an investment adviser, he or she shall
immediately notify the applicant of such registration. (f)Investment adviser representatives. Application for registration as an investment adviser representative may be made by any individual. Such application for registration shall be made in a manner prescribed by the commissioner, shall be verified by the
applicant and by the investment adviser or federal covered adviser employing or propos ing to employ such applicant, shall be filed with the commissioner, and shall contain the
following information: (1) Name and residence and business addresses of the applicant; (2) Name of the investment adviser or federal covered adviser employing or proposing
to employ the applicant; (3) Applicant's age and education; (4) The nature of employment and names and addresses of employers of the applicant
for the period of ten years immediately preceding the date of application; (5) Other state or federal laws under which the applicant has ever made a notice filing or been registered as an investment adviser or investment adviser representative and, if any such registration or notice filing has ever been refused, canceled, suspended, or
revoked or, if such a proceeding is pending, full details with respect thereto; and (6) Whether the applicant has ever been subject to any injunction or disciplinary pro ceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities or investment advisory business,
has ever been convicted of or charged with a misdemeanor of which fraud is an essen tial element or which involves a security or any aspect of the securities business, or

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has ever been convicted of or charged with a felony and, if so, all pertinent informa tion with respect to such injunction, disciplinary proceeding, conviction, or charge. The commissioner may waive the furnishing of any information required by this subsec tion and may require such additional information as to the applicant's previous business experience as he or she may deem necessary to determine whether or not the applicant should be registered as an investment adviser representative under the provisions of this chapter. There shall be filed with such application payment of the prescribed registra tion fee. The commissioner may further, if he or she finds it to be in the best interests of the public, b^ rule or regulation create procedures and exemptions relating to invest ment adviser representatives which procedures and exemptions would have as their objectives compatibility with federal exemptions and uniformity among the states. When an applicant has fully complied with the provisions of this subsection and subsec tion {i} (il of this Code section, the commissioner shall register such applicant as an investment adviser representative, unless he or she finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowledge of the securities business to act as an investment adviser representative. When the commissioner has registered an applicant as an investment adviser representa tive, the applicant shall be immediately notified of such registration. No investment adviser shall employ any investment adviser representative who is not registered as required by this chapter, and each such person shall promptly notify the commissioner of the termination of the employment by him or her of an investment adviser representative; and the registration of such investment adviser representative shall automatically be terminated from the time of termination of such employment. No investment adviser representative shall conduct business on behalf of a federal covered adviser unless such representative is registered as required by this chapter. An invest ment adviser representative of a federal covered adviser shall promptly notify the com missioner of the termination of his or her employment with the adviser and such representative's registration shall automatically terminate as of the date the employment terminated.
No applicant shall be registered as an investment adviser representative under this chapter nor any such registration be renewed, unless such person has passed a written examination approved by the commissioner.
There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against the applicant in the manner and form provided in Code Section 10-5-18.
(g)Federal covered advisers. No federal covered adviser shall transact business within, into, or from this state unless such adviser has made a notice filing with the commis sioner. Such notice filing shall consist of a copy of those documents filed by the adviser with the Securities and Exchange Commission that the commissioner, by rule or regula tion, requires to be filed together with the fee required by subsection (j) of this Code section. A notice filing shall be effective upon receipt by the commissioner.
^Refusal of registration; finding applicant 'not of good reputation.' If, after affording an applicant a hearing or an opportunity for a hearing as provided in Code Section 10-5-16, the commissioner finds that there are sufficient grounds to refuse to register the applicant as provided in this Code section, he or she shall issue an order refusing to reg ister the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and, if the application is for registration as a salesman salesperson, limited salesman salesperson, or investment adviser representative, to the dealer, limited dealer, issuer, or investment adviser who proposed to employ such applicant.
If the commissioner shall find that an applicant has committed any act or made any omission which would constitute a sufficient ground for revocation of a dealer's, limited dealer's, salesman's salesperson's, limited aalcsman's salesperson's, investment adviser's, or investment adviser representative's registration under Code Section 10-5-4, such act or omission may constitute a sufficient ground for a finding by the commissioner, under subsection (c), (d), (e), or (f) of this Code section, that such applicant is not of 'good business reputation.'

FRIDAY, FEBRUARY 20, 1998

1023

{h)4ilExpiration and renewal of registration or notice filing. (1) Every registration and every notice filing under this Code section shall expire on December 31 in each year.
(2) Registration of dealers, limited dealers, salesmen salespersons, limited aolesmcn salespersons, investment advisers, and investment adviser representatives must be renewed each year by the submission of a renewal application containing the informa tion required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and, in the case of a dealer or limited dealer, by the filing of a balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the preceding fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certi fied, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his or her residence or principal office. The commissioner may provide by. rule or regulation that a dealer or limited dealer which is registered under the Securities Exchange Act of 1934 may file with such dealer's renewal application a copy of such dealer's financial statements prepared pursuant to the Securities Exchange Act of 1934 in lieu of a balance sheet.
(3) Investment advisers with custody of client funds or securities or requiring prepay ment of more than $500.00 in fees per client six or more months in advance must pro vide a balance sheet for the most recent fiscal year. Said balance sheet shall be prepared in accordance with generally accepted accounting principles and shall, as the commissioner may by rule specify, be audited by an independent public accountant.
(4) Upon any change in the general partners, limited partners, directors, affiliates, or executive officers of a dealer, limited dealer, or investment adviser, such dealer, lim ited dealer, or investment adviser shall promptly notify the commissioner and shall furnish to him or her in writing such information concerning such persons which has not previously been filed as required in an original application for registration. Upon any change in the general partners, limited partners, directors, affiliates, or executive officers of a federal covered adviser, such adviser shall provide the commissioner with a copy of any information concerning such change at the same time such information is filed with the Securities and Exchange Commission.
{i^Fees. The fee for the initial registration of a dealer, limited dealer, or investment adviser, or the initial notice filing by a federal covered adviser, shall be $250.00. The annual renewal fee for a dealer, limited dealer, e* investment adviser 2 or federal covered adviser shall be $100.00. The initial registration fee and transfer fee for each salesman salesperson, limited salesman salesperson, and investment adviser representative shall be $50.00. The annual renewal fee for each salesman salesperson, limited salesman salesperson, and investment adviser representative shall be $40.00.

(1) Except as otherwise provided in this subsection, no applicant shall be registered as a dealer, limited dealer, salesman salesperson, or limited salesman salesperson under this chapter nor shall any such registration be renewed until the applicant files with the commissioner bond satisfactory to the commissioner in the sum of $25,000.00 as to dealers and limited dealers and $2,500.00 as to aalcsmcn salespersons and limited salesmen salespersons, payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the commis sioner. Any such bond may be canceled by the principal or surety by giving notice to the commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancella tion of the principal's registration until new bond satisfactory to the commissioner is filed. Any action on such bond must be brought within two years after accrual of the

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cause of action. The amounts above-prescribed for the bonds required of aalcamcn salespersons, limited salesmen salespersons, dealers, and limited dealers shall be con strued as being the aggregate liability recoverable against such bonds, regardless of the number of claimants, and shall not be construed as individual liability.
(2) (A) The requirement for filing of such bond by an applicant for registration or renewal of registration as a dealer or limited dealer shall not be applicable if:
(i) Such applicant has filed with the commissteftef written preef- of membership HI ui occufiucs Ainvestor rrotoction oorporfltion ctnd ft writtcu unuGFtcuun^ to comply continuously with all applicable provisions of- the Securities Investor P*eteetten Act ef 1070, U.S.C.A. 78aaa et seqr is registered under the Securities Exchange Act of 1934; or (ii) As of the dates of the most recent balance sheet certified by an independent public accountant filed by such applicant pursuant to this Code section and any subsequent noncertified balance sheet so filed, such applicant had a minimum capital of not less than $250,000.00. For the purposes of this division, minimum capital shall mean net worth as determined in accordance with generally accepted accounting principles, unless for the purposes of this division the commissioner shall adopt rules and regulations for determining the minimum capital of a dealer or limited dealer, in which case minimum capital shall be determined in accord ance with such rules and regulations. The aforesaid balance sheets filed by such applicant shall be used to determine the applicant's minimum capital unless the commissioner shall have adopted the rules or regulations authorized in the pre ceding sentence, in which case the applicant's minimum capital shall be deter mined from schedules prepared in accordance with such rules and regulations. The schedule prepared as of the date of the certified balance sheet referred to above shall be certified as having been prepared in accordance with the rules or regulations adopted by the commissioner, as provided in this division, by an inde pendent public accountant duly registered and in good standing as such under the laws of the place of his or her residence.
(B) The requirement for the filing of such bond by an applicant for registration or renewal of registration as a salesman salesperson or limited salesman salesperson shall not be applicable if the dealer or limited dealer by whom such applicant is employed or is to be employed is not subject to the bond requirements of this Code section.
(3) The requirement for filing such bond by an applicant for registration or renewal of registration as a dealer or limited dealer shall not be applicable if such applicant has deposited in trust with the commissioner:
(A) A certificate of deposit evidencing a deposit with a financial institution satisfac tory to the commissioner in the amount of $25,000.00 payable to the applicant and assigned to the commissioner;
(B) An irrevocable letter of credit addressed to the commissioner in the amount of $25,000.00, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of competent jurisdic tion in which the applicant is found liable for damages under this chapter; or
(C) Obligations of the United States, an agency thereof, or of the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $25,000.00.
Such deposits shall be held for the benefit of all persons to whom applicant is liable for damages under this chapter for a period of two years after such applicant's regis tration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdic tion), of which the commissioner has notice, in a court of competent jurisdiction in which it is alleged that applicant is liable for damages under this chapter. Such depos its shall not be released except upon application to and the written order of the com missioner. The commissioner shall have no liability for any such release of any deposit or part thereof so made by him or her in good faith. The commissioner may designate

FRIDAY, FEBRUARY 20, 1998

1025

any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the commissioner proper trust and safekeeping receipt upon which the commissioner shall give official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the appli cant complies with this chapter, the applicant may demand, receive, sue for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the commissioner, a letter of credit or securities of the kinds specified above of equivalent or greater value. No judgment creditor or other claimant of applicant shall levy upon any deposit held pursuant to this paragraph or upon any part thereof, except as speci fied in this paragraph. Whenever any person shall file an action in a court of compe tent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his or her recovery, may give notice to
the commissioner of such alleged liability and of the amount of damages claimed, after which notice the commissioner shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided below, a sufficient amount of the deposit to pay the judgment in the action.
In the event that the applicant prevails in such action and in the event that such deposits have been held by the commissioner for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be
released to the applicant; provided, however, such deposits shall not be released at any tune while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the commissioner has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. In the event that a judg
ment is rendered in such action by which it is determined that the applicant is liable for damages under this chapter, and the applicant has not paid the judgment within ten days of the date the judgment became final, or in the event the applicant petitions
for the Supreme Court of the United States to take certiorari jurisdiction over such action, and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days
of the date the Supreme Court of the United States affirms the judgment, then said person may petition the Superior Court of Fulton County for an order directing the commissioner to reduce such deposit or a portion thereof sufficient to pay the judg
ment, to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revoca
tion of the applicant's registration, the commissioner shall pay over such residue to the applicant, taking his or her receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition
for certiorari jurisdiction), of which the commissioner has notice, in a court of compe tent jurisdiction in which it is alleged that applicant is liable for damages under this chapter, in which case the commissioner shall hold or dispose of such residue in
accordance with the provisions of this paragraph relating to the holding or disposing of the entire deposit. In the event that more than one final judgment is rendered against the applicant for violation of this chapter, the judgment creditors shall be paid
in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgment, in the order in which the judgment creditors peti
tioned the Superior Court of Fulton County. (4) Anything in this subsection to the contrary notwithstanding, the commissioner shall comply with any order of a Georgia or United States court of competent jurisdic
tion to turn over any deposit held by him or her pursuant to paragraph (3) of this subsection or the proceeds from any bond held by him or her pursuant to paragraph (1) of this subsection to a trustee or receiver for the use and sole benefit of persons
on whose behalf the commissioner holds such deposit or proceeds.

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WfflRecords. (1) Every dealer, limited dealer, salesman salesperson, or limited aalcamoa salesperson registered under this chapter shall make and keep such accounts and other records with respect to sales of securities in this state, whether or not pursuant to exemptions contained in Code Section 10-5-8 or 10-5-9, as the commissioner may by rule or regu lation require. Every investment adviser or investment adviser representative regis tered under this chapter shall make and keep such accounts and records with respect to its business activities in this state as the commissioner by rule or regulation may require. All records so required shall be preserved for five years unless the commis sioner shall provide otherwise. All records of such dealers, limited dealers, salesmen salespersons, limited salesmen salespersons, investment advisers, or investment adviser representatives are subject to such reasonable periodic, special, or other examinations by representatives of the commissioner, within or outside this state, as the commis sioner deems necessary or appropriate in the public interest or for the protection of the public. (2) The requirements of this subsection shall not apply to: (A) A dealer or limited dealer that is registered under the Securities Exchange Act of 1934; or (B) An investment adviser that maintains its principal place of business in a state other than this state, provided that such adviser is registered in the state where it maintains its principal place of business and is in compliance with such state's record keeping requirements, if any.
{jMm)Amendment of dealers', limited dealers', or investment advisers' registrations.
(1) The registration of a dealer, limited dealer, or investment adviser shall fliayy at the registrant's eptkm; be amended to reflect a change of name, home and business address, branch offices, principals, state of incorporation, corporate forms (including a merger of two registered dealers or investment advisers), or any other change which does not materially affect the business of the dealer, limited dealer, or investment adviser. Applications by dealers, limited dealers, and investment advisers to amend their registrations shall be made in a manner which the commissioner may, by rule or regulation, prescribe, and the commissioner may charge:
{i} (A) A fee for such amendments, which fee shall not exceed the fee provided for renewal of such registrations; and
{3}(B) A fee of $1.00 for each salesman^ salesperson's or limited salesman's salesperson's license which must be altered because of the amendment.
(2) Whenever a federal covered adviser files with the Securities and Exchange Com mission an amendment to its federal registration, such adviser shall file at the same tune a copy of such amendment with the commissioner.
{H*^n}Successors to dealers, limited dealers, or investment advisers. In the event that a dealer, limited dealer, or investment adviser succeeds to and continues the business of another registered dealer, limited dealer, or investment adviser, the registration of the predecessor shall be deemed to remain effective as the registration of the successor for a period of 75 days after such succession, provided that an application for registration is filed within 30 days after succession on a form prescribed by the commissioner. In the event an investment adviser or federal covered adviser is a successor to and contin ues the business of a federal covered adviser, the notice filing of the predecessor adviser shall be deemed effective for 30 days after such succession.
{B}{o}Dissemination of information. With respect to investment advisers, the commis sioner may require that certain information be furnished or disseminated as necessary or appropriate in the public interest or for the protection of investors and advisory cli ents. To the extent determined by the commissioner in his or her discretion, information furnished to clients or prospective clients of an investment adviser which information would be in compliance with the disclosure requirements of a federal covered adviser pursuant to the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement. With respect to dealers, limited deal ers, salesmen salespersons, and limited salesmen salespersons, the commissioner shall make available to any person so requesting information concerning whether a dealer,

FRIDAY, FEBRUARY 20, 1998

1027

limited dealer, salesman salesperson, or limited salesman salesperson is or indicates that he or she is a designated dealer or designated oolcsmon salesperson, as well as informa tion possessed by the commissioner concerning any public administrative, civil, or crimi nal proceedings against and sanctions imposed on any designated dealer or its employees, affiliates, or aalcsmcn salespersons. feKp) Within 30 days after any dealer, limited dealer, salesman salesperson, or limited oolcamon salesperson becomes a designated dealer or designated Dalesman salesperson. said dealer, limited dealer, salesman salesperson, or limited salcamoa salesperson shall inform the commissioner of such in writing and shall submit the certification required by subsection (d) of this Code section, and any other information or material requested by the commissioner.
(lHgl(l) In connection with the public sale or purchase of securities, every dealer and limited dealer subject to this chapter shall send written confirmations of transactions which are fully descriptive of the transaction in compliance and accordance with such rules and regulations as the commissioner may promulgate. (2) With respect to transactions in designated securities made or caused to be made by designated dealers, in addition to the information required to be contained on con firmations under paragraph (1) of this subsection, each written confirmation required to be sent under paragraph (1) of this subsection shall be accompanied by the follow ing information, which shall be clearly explained and identified:
(A) The price at which the dealer is currently selling or offering to sell the security and the price at which the dealer is currently buying or offering to buy the security; and (B) All commissions, fees, bonuses, or other compensation payable to the dealer and salesman salesperson as a result of the transaction."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 10-5-5, relating to registration of securities, and inserting in lieu thereof a new subsection (a) and inserting a new subsection (g) at the end of said Code section to read as follows:
"(a)Generally. It shall be unlawful for any person to offer for sale or to sell any securi ties to any person in this state unless:
(1) They are subject to an effective registration statement under this chapter; r (2) The security or transaction is exempt under Code Section 10-5-8 or Code Section 10-5-9, respectively; or (3) The security is a federal covered security." "(g)Notice filings bjr issuers of federal covered securities. (1) Any security that is a federal covered security under Section 18(b)(2) of the Secu rities Act of 1933 may be offered for sale and sold into, from, or within this state only upon the commissioner's receipt of a copy of the registration statement and all other documents filed by the issuer with the Securities and Exchange Commission or. in lieu of filing such registration statement and other documents, a notice as prescribed by the commissioner by rule or regulation; a consent to service of process; and payment of a fee of $250.00 for each fund or unit investment trust. Such notice filing shall meet the following conditions:
(A) Unless otherwise extended by the commissioner, an initial notice filing under this paragraph shall be effective for a period erf 14 months commencing upon the later of the date the notice or registration statement, as applicable, is received b_ the commissioner or the date the offering is effective with the Securities and Exchange Commission. A notice filing may be renewed by filing, prior to its expira tion, a renewal notice as prescribed by the commissioner together with a renewal fee of $100.00 for each fund or unit investment trust renewed. A renewal notice filing shall be effective upon expiration of the previous notice filing.i3 (B) A notice fil ing may be amended as provided by the commissioner by rule or regulation. (C) A notice filing may be terminated bj; an issuer upon providing notice to the
commissioner. (D) The commissioner may, b_ rule or otherwise, require the issuer of any security that is a federal covered security under Section 18(b)(4)(D) of the Securities Act of

1028

JOURNAL OF THE HOUSE,

1933 to file a notice no later than 15 days after the first sale in this state of auch federal covered security of the filing erf Securities and Exchange Commission Form D. together with any fees required under this section. (2) The commissioner, by rule or regulation, may require the filing of any document filed with the Securities and Exchange Commission under the Securities Act of 1933 for any security that is a federal covered security under Section 18(b)(3) or (4) of the Securities Act of 1933, together with any fees required under this chapter. (3) The commissioner may issue a stop order suspending the offer or sale of a federal covered security in this state if the commissioner reasonably believes there has been a violation of the provisions of this Code section. (4) The commissioner, by. rule or regulation, may, if he or she deems it to be in the best interests of the public, waive any or all of the provisions of this Code section."
SECTION 4. Said chapter is further amended by striking paragraph (9) of Code Section 10-5-8, relating to registration of securities and exempt securities, and inserting in lieu thereof a new para graph to read as follows:
"(9) A note, draft, bill of exchange, or banker's acceptance which arises out of a cur rent transaction, or the proceeds of which have been or are to be used for one or more current transactions, and which has a maturity period at the time erf issuance not exceeding nine months exclusive of days of grace, or any renewal thereof which has a maturity period likewise limited. This exemption shall apply only to prime quality negotiable commercial paper not ordinarily purchased by members of the general pub lic, which paper is issued to facilitate well recognized types of current operational business requirements and is eligible for discounting by Federal Reserve Banks Prom issory notes maturing in net store then nine months frost date of issuance, provided that said securities aie net offered for sale by means ef- advertisements publicly dis seminated in the news media er through the mails;".
SECTION 5. Said chapter is further amended by striking paragraph (5) of Code Section 10-5-9, relating to exempt transactions, and inserting in lieu thereof a new paragraph to read as follows:
"(5) Any transaction in securities pursuant to a registration statement effective under the Securities Act of 1933, as now or hereafter amended, or of securities exempt from the registration requirements of such Act pursuant to Regulation A, B, E, or F adopted under Section 3(b) or 3(c) thereof or pursuant to any other exemption under such sections which the commissioner has, by rule or regulation, approved, but only during the continuance of such exemption, provided that the commissioner has received prior to such sale:
(A) A notice of intention to sell which has been executed by the issuer, any other person on whose behalf the offering is to be made, a dealer or limited dealer regis tered under this chapter, or any duly authorized agent of any such person and which sets forth the name and address of the applicant, the name and address of the issuer, and the title of the securities to be offered in this state; (B) A copy of the initial registration statement (excluding exhibits) or the notifica tion on Form 1-A, 1-B, 1-E, or 1-F (or any form substituted therefor) and related offering circular or offering sheet (but excluding other exhibits) filed with the Secu rities and Exchange Commission or, in the case of an exemption under Section 3(b) or 3(c) of 8eh the Securities Act of 1933, which has been approved by the commis sioner under this paragraph, copies of such information or documents as the com missioner may, by rule or regulation, require; (C) A filing fee of $250.00; and (D) A consent to service of process in the form prescribed by Code Section 10-5-18 which has been executed by the person who executed the notice of intention to sell unless such person has previously filed with the commissioner an irrevocable con sent to service of process in the form prescribed by Code Section 10-5-18. The commissioner shall issue to the person who executed the notice of intention to sell a certificate which shall be signed and sealed by the commissioner and which shall

FRIDAY, FEBRUARY 20, 1998

1029

state the compliance or noncompliance with the requirements of subparagraphs (A) through (D) of this paragraph of the items filed pursuant to such subparagraphs. This paragraph shall not apply to any transaction which is otherwise exempt under this Code section or to a transaction involving a federal covered security which is subject to the requirements of subsection (g) of Code Section 10-5-5. In the event any offer is to be made pursuant to this exemption more than 14 months after the date on which the commissioner issues his or her certificate under this Code section, then it shall be necessary for said issuer to file with the commissioner a copy of the prospec tus which said issuer is currently utilizing for the purposes of making such offer and a renewal fee of $100.00. The commissioner shall issue a certificate which shall be signed and sealed by him or her and which shall state the compliance or noncompli ance with these provisions. The issuer shall be required to comply with these renewal requirements every 14 months so long as the offering shall continue in this state;".
SECTION 6. Said chapter is further amended by striking subsection (b) of Code Section 10-5-11, relat ing to investigations, subpoenas, hearings, and cooperation with other jurisdictions, and inserting in lieu thereof a new subsection to read as follows:
"(b)(l) For the purpose of conducting any investigation as provided in this Code sec tion, the commissioner shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the commissioner is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. Said sub poenas may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or residential address as shown on the Central Registration Depository or served personally by investigators appointed by the com missioner or shall be directed for service to the sheriff of the county where such wit ness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the commissioner in the same manner that other expenses of the commissioner are paid. (2) The commissioner may issue and apply to enforce subpoenas in this state at the request of a securities agency or administrator of another state if the activities consti tuting an alleged violation for which the information is sought would be a violation of this chapter if the activities had occurred in this state."
SECTION 7. Said chapter is further amended by striking subsections (c) through (i) of Code Section 10-5-12, relating to unlawful practices, and inserting in lieu thereof new subsections to read as follows:
"(c) It shall be unlawful for any person who: (1) Is a dealer, limited dealer, salesman salesperson, limited salesman salesperson. investment adviser, federal covered adviser, or investment adviser representative under this chapter; (2) Is making a notice filing or filing an application for registration as a dealer, lim ited dealer, salesman salesperson, limited salesman salesperson, investment adviser, or investment adviser representative under this chapter; (3) Is an issuer which has filed a registration statement or notice filing with respect to securities it intends to issue; or (4) Is an affiliate of any of the persons described in paragraph (1), (2), or (3) of this subsection
knowingly to cause to be made, in any document filed with the commissioner or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (d) Without limiting the general applicability of subsections (a), (b), and (c) of this Code section, it shall be unlawful to:

1030

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(1) Quote a fictitious price with respect to a security; (2) Effect a transaction in a security which involves no change in the beneficial own ership of the security for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; (3) Enter an order for the purchase of a security with the knowledge that an order of substantially the same size and at substantially the same time and price for the sale of the security has been, or will be, entered by or for the same, or affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; (4) Enter an order for the sale of a security with the knowledge that an order at sub stantially the same time and price for the purchase of the security has been, or will be, entered by or for the same, or affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; e* (5) Misappropriate, convert, or improperly withhold any funds or other property in connection with an offer or sale of any security; or (6) Employ any other deceptive or fraudulent device, scheme, or artifice to manipu late the market in a security. (e) Transactions effected in compliance with the applicable provisions of the Securities Exchange Act of 1934 and the rules and regulations of the Securities and Exchange Commission thereunder shall not be deemed to constitute market manipulation under subsection (d) of this Code section. (f) It shall be unlawful for any person to transact business within or from this state as an investment adviser or investment adviser representative in violation of Code Section 10-5-3 or any rule, regulation, or order promulgated or issued by the commissioner under this chapter. (g) It shall be unlawful for any person to hold himself or herself out as, or otherwise represent that he or she is, a 'financial planner' or 'investment adviser' or use as descrip tive of his or her business the term 'financial planner' or 'investment adviser' or such similar term as may be specified in rules and regulations promulgated by the commis sioner unless said person is e&hef a certified public accountant^ e is registered as an investment adviser or investment adviser representative under this chapter, or is a fed eral covered adviser who has made a notice filing under this chapter. The use of the term 'financial planner' or 'investment adviser' or a similar term to describe a person's business shall not be used in such a way so as to be deceptive, as that term may be defined in the rules and regulations promulgated by the commissioner. (h)l) It shall be unlawful for any investment adviser, federal covered adviser, or invest ment adviser representative in the course of his or her business as such:
foXA) To employ any device, scheme, or artifice to defraud; {3>(B) To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit? r. {3K2) It shall be unlawful for any investment adviser, federal covered adviser, or investment adviser representative in the course of business to 'Fe engage in dishonest or unethical practices, as the commissioner may define by rule. (i) It shall be unlawful for any person registered as an investment adviser or investment adviser representative under this chapter or for any federal covered adviser who has made a notice filing under this chapter to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved or that his or her abili ties or qualifications have in any respect been passed upon by the State of Georgia or any agency or any officer thereof; provided, however, that this provision shall not be construed to prohibit a statement that a person is so registered under this chapter if such statement is true in fact and if the effect of such registration is not misrepre sented."
SECTION 8.
Said chapter is further amended by striking subsection (a) of Code Section 10-5-13, relat ing to administrative, civil, and criminal actions, and inserting in lieu thereof a new sub section to read as follows:

FRIDAY, FEBRUARY 20, 1998

1031

"(a) Whenever it may appear to the commissioner, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the commissioner promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the commissioner may, at his or her discretion, act under any or all of the following paragraphs:
(1) Impose administrative sanctions as provided in this paragraph: (A) Subject to notice and opportunity for hearing in accordance with Code Section 10-5-16, unless the right to notice is waived by the person against whom the sanc tion is imposed, the commissioner may: (i) Issue a cease and desist order against any person; (ii) Censure the person if the person is registered as an issuer, dealer, limited dealer, salesman salesperson, limited salesman salesperson, investment adviser, or investment adviser representative; (iii) Bar or suspend the person from association with a registered dealer, a limited dealer, or an investment adviser in this state; or (iv) Issue an order against an applicant, registered person, or other person who willfully violates this chapter, imposing a civil penalty up to a maximum of $50,000.00 for a single violation or up to $500,000.00 for multiple violations in a single proceeding or a series of related proceedings; (B) Imposition of the sanctions under this paragraph is limited as follows: (i) If the commissioner revokes the registration of a dealer, limited dealer, sales man salesperson, limited aalcaman salesperson, investment adviser, or investment adviser representative or bars a person from association with a registered dealer, limited dealer, or investment adviser under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposition of the sanction specified in division (iv) of subparagraph (A) of this paragraph; and (ii) The imposition by the commissioner of one or more sanctions under this par agraph with respect to a specific violation precludes the commissioner from later imposing any other sanctions under this paragraph with respect to the violation; (C) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under subparagraph (A) of this paragraph, the commissioner shall con sider, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated thereunder or an order of the commissioner, the number of persons adversely affected by the conduct, and the resources of the person committing the violation;
(2) Seek civil sanctions by applying to any superior court of competent jurisdiction in this state, which court:
(A) Upon a showing by the commissioner that a person has violated this chapter, a rule promulgated thereunder, or an order of the commissioner, may enter or grant:
(i) A temporary restraining order, permanent or temporary injunction, or a writ of prohibition or mandamus; (ii) A civil penalty up to a maximum of $50,000.00 for a single violation or up to $500,000.00 for multiple violations in a single proceeding or a series of related proceedings; (iii) A declaratory judgment; (iv) Restitution to investors; (v) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; (vi) An order of disgorgement; or
(vii) Other relief as the court deems just and equitable;
(B) May, upon a showing by the commissioner that the defendant is about to vio late this chapter, a rule promulgated thereunder, or an order of the commissioner, issue:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction;
(iii) A writ of prohibition or mandamus; or

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(iv) Such other relief as the court deems just and equitable; (C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the commissioner under paragraph (1) of this sub section in connection with the transaction or transactions constituting a violation of this chapter, a rule promulgated thereunder, or an order of the commissioner; and (D) Upon a showing by the securities agency or administrator of another state that a person has violated the securities or investment adviser law of that state, a rule promulgated thereunder, or an order of said agency or administrator, in addition to any other legal or equitable remedies, may impose one or more of the following rem edies:
(i) The appointment of a receiver, auditor, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state; and (ii) Such other relief as the court deems just and equitable; or (3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his or her individual discretion, institute the necessary criminal proceedings."
SECTION 9. Said chapter is further amended by striking subsection (b) of Code Section 10-5-16, relat ing to notice and conduct of hearing and issuance of orders, and inserting in lieu thereof a new subsection to read as follows:
"(b) Notices of opportunity for hearing shall be served personally by investigators appointed by the commissioner^ er sent by registered or certified mail, return receipt requested, to the addressee's business mailing address or residential address as shown on the Central Registration Depository, or directed for service to the sheriff of the county where such person resides or is found; and such notice shall state:
(1) The order which has issued and which is proposed to be issued; (2) The ground for issuing such order and proposed order; and (3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Scott of the 165th was excused from voting on HB 1372.

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

Y Alien Y Andersen EAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon
Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner

Y Bunn Y Burkhalter YByrd Y CampbeU
Canty Y Cash Y Channell Y ChUders Y Clark Y Coan E Coleman, B Y Coleman, T
ConneU Y Cooper E Crawford Y Crews
Culbreth Y Cummings YDavis, G Y Davis, M

Day Y DeLoach, B Y DeLoach, G Y Dk Y Diion Y Dobbs Y Dukes
Ehrhart Y Epps Y Evans E Everett Y Felton
Floyd Y Franklin Y Golden E Graves
Greene Y Grindley
Hammontree Banner

Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom E Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson Y James Y Jamieson Y Jenkins
Johnson

YJohnston Jones
Y Joyce E Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas
Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee E McCall E McClinton

FRIDAY, FEBRUARY 20, 1998

1033

McKinney Y Mills Y Mobley YMoeley
Mueller YO'Neal YOrrock YParham
YParrish E Parsons YPelote Y Perry Y Pinholster
YPoag YPolak
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
Scarlett

Scheid Scott Y Shanahan Shaw 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 YSnelling
YSnow E Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert

YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles
Williams, B Williams, J Y Williams, R Worthan Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 874. By Representatives Porter of the 143rd, Dobbs of the 92nd and Banner of the 159th:
A resolution providing additional legislative intent with respect to the dispo sition and expenditure of funds collected as the Scrap Tire Management Fee and appropriated to the Solid Waste Trust Fund.

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

Y Alien YAndenon
EAshe Y Bailey Y Bannister
YBarfoot Y Barnard
YBaroes Y Bates Y Benefield
YBirdsong YBohannon
Y Bordeaux Y Bradford
Breedlove
N Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChildere Y Clark
YCoan E Coleman B Y Coleman, T
Connell Cooper E Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes
Ehrhart
YEpps Y Evans E Everett Y Felton
Floyd Y Franklin
Y Golden E Graves
Greene Y Grindley Y Hammontree Y Manner
Harbin Y Heard
YHecht YHeckstall ,
Y Hegstrom E Henson Y Holland Y Holmes
Y Houston Howard
Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston
Jones Y Joyce EKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee EMcCall E McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
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
Scheid Y Scott Y Shanahan
Shaw Sherrill YShipp 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 YSneUing YSnow E Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens
Taylor
ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
Whi taker Y Wiles
Williams, B Y Williams, J Y Williams, R
Worthan Y Yates
Murphy, Spkr

1034

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 140, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Taylor of the 134th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 1054.

By Representative Tolbert of the 25th:
A resolution honoring Lauren "Bubba" McDonald and designating a portion of 1-85 in Jackson County as the "Lauren 'Bubba' McDonald Parkway"; des ignating 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 fol lows:

Y Alien Y Andenon EAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilden Y Clark
Coan E Coleman, B Y Coleman, T
Cornell Y Cooper E Crawford Y Crews

Y Culbreth Y Cununings Y Davis, G YDavis, M
Day Y DeLoach, B YDeLoach,G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans EEverett YFelton
Floyd Y Franklin Y Golden E Graves
Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y HeckstaE YHegstrom E Henson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
Joyce EKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee EMcCall E McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish E Parsons YPelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurcell
YRagas YRandall YRay
Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan
Shaw 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
Smith, V YSmyre YSnelling YSnow E Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas YTilhnan Y Titus Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, RL Y Watson YWest
Westmoreland Whitaker Y Wiles Williams, B
Y Williams, J Y Williams, R
Worthan
YYates Murphy, Spkr

On the adoption of the Resolution, the ayes were 138, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 1067. By Representative Orrock of the 56th: A resolution authorizing the lease of certain state owned real property located in Fulton County.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

FRIDAY, FEBRUARY 20, 1998

1035

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

Y Alien Y Andersen EAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCaah Y Channel! Y Childen Y Clark YCoan E Coleman, B Y Coleman, T
Connell Y Cooper E Crawford Y Crews

Culbreth Cummings Y Davis, G Y Davis, M Day
Y DeLoach, B Y DeLoach, G YDix YDiion YDobbs Y Dukes
Ehrhart YEpps Y Evans EEverett Y Felton
Floyd Y Franklin Y Golden E Graves
Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstall YHegstrom EHenson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce EKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee
EMcCall E McClinton
McKinney Y Mills Y Mobley
YMosley Y Mueller YO'Neal YOrrock YParham

YParrish E Parsons YPelote
Y Perry Y Pinholster
YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas YRandall
Ray Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal
Y Sanders Y Sauder YScarlett
Scheid
Y Scott Y Shanahan
Shaw 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 YSnelling YSnow EStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L
Walker, R.L Y Watson YWest
Westmoreland Whitaker Y Wiles Williams B
Y Williams, J Y Williams, R
Worthan 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.

HR 1031. By Representatives Ray of the 128th and Walker of the 141st:
A resolution designating a portion of U.S. Highway 341 as the "George B. Culpepper Highway".

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

Y Alien Y Anderson EAshe Y Bailey Y Bannister YBarfoot Y Barnard
YBarnes Y Bates 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 YCash Y Channel! Y Childers Y Clark YCoan

E Coleman, B Y Coleman, T
Connell Y Cooper E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M Day Y DeLoach, B Y DeLoach, G Dix YDiion

YDobbs Y Dukes Y Ehrhart YEpps Y Evans E Everett Y Felton
Floyd Y Franklin Y Golden E Graves
Greene Y Grindley Y Hammontree YHanner

Y Harbin Y Heard YHecht YHeckstall YHegstrom EHenson Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, H
Hudson, N Y Hugley Ylrvin

1036

JOURNAL OF THE HOUSE,

Jackson Y James YJamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce EKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Madden YMann Y Manning Y Martin, J Y Martin, J.L

YMassey YMcBee EMcCall E McClinton
McKinney YMills Y Mobley YMosley Y Mueller YO'Neal YOrrock
Parham YParrish E Parsons YPelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter

Y Powell YPurcell YRagas YRandall
YRay Reaves
Y Reichert Rice
Y Richardson Roberts
Y Rogers Y Royal Y Sanders
Sauder Y Scarlett
Scheid Y Scott Y Shanahan
Shaw 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 SneUing YSnow E StaUings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephens Y Taylor
ETeague

YTeper Y Thomas YTillman Y Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L
Walker, R.L Y Watson YWest Y Westmorland
Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R
Worthan YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 135, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Pursuant to HR 810, adopted by the House and Senate, The House adjourned until 10:00 o'clock, A.M., Monday, February 23, 1998.

MONDAY, FEBRUARY 23, 1998

1037

Representative Hall, Atlanta, Georgia Monday, February 23, 1998

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 Barries
Bates
Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks
Brown
Bunn
Burkhalter
Byrd Campbell Cash Childera Clark Coan Coleman, B Connell Cooper Crawford Crews Culbreth Cumin ings

Davis, G Davis, M DeLoach, B DeLoach, G Dixon Dobbs Dukes E Everett Felton Floyd Franklin Golden Greene Hammontree Manner Harbin Heard Hecht Heckstall Henson Holland Houston Howard Hudgens Hudson, H Hudson, N Hugley Jackson James

Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Maddoi Mann Manning Martin, J Martin, J.L Massey McBee McClinton McKinney Mills Mobley Mosley
Mueller O'Neal Parham
Parsons Pelote Pinholster

Poag Polak Ponder Powell Purcell Ragas Ray Reaves Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan SherriU Shipp 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, P Stephens Taylor Teper Thomas Tilhnan Titus Tolbert Trense Tumquest Twiggs Walker, R.L Watson 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 Irvin of the 45th, Bannister of the 77th, Anderson of the 116th, Buck of the 135th, Channell of the lllth, Grindley of the 35th, Graves of the 125th, Lucas of the 124th, Perry of the llth, Stanley of the 50th, Jamieson of the 22nd, Day of the 153rd, Jenkins of the 110th, Evans of the 28th, Sinkfield of the 57th, McCall of the 90th, Epps of the 131st, Canty of the 52nd, Jones of the 71st, Bordeaux of the 151st, Porter of the 143rd, Shaw of the 176th, Orrock of the 56th, Parrish of the 144th, Dix of the 76th, Smyre of the 136th, Randall of the 127th, Coleman of the 142nd, Buckner of the 95th, Rogers of the 20th, Snow of the 2nd, and Holmes of the 53rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Fred Hartley, III, Pastor, Lilburn Alliance Church, Lilburn, 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.

1038

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.

House of Representatives Legislative Office Building, Room 612
Atlanta, Georgia 30334
February 22, 1998
The Honorable Thomas B. Murphy, Speaker House of Representatives State Capitol, Room 332 Atlanta, Georgia 30334
RE: Request for Excused Absence for Part of Monday, February 23, 1998
Dear Speaker Murphy:
This is to request that I be excused from attendance and voting at the Georgia House of Representatives during part of the day on Monday, February 23, 1998, in order that I may attend, and serve as a pall bearer at, the funeral of my uncle, James Horace Jenkins, who died on Saturday. My uncle's funeral service will be held at 3:00 p.m. in Forsyth at Monroe County Memorial Chapel. It will be necessary for me to leave the Capitol around 1:30 p.m. and I will advise you of my departure so that my voting machine can be locked.
James Horace Jenkins was a former Chairman of the Monroe County Board of Commis sioners. One of his three daughters, Patsy J. Miller, is currently the Monroe Tax Commis sioner.
Thank you for assistance with this matter.
With best regards, I am
Sincerely, /s/ Curtis S. Jenkins
cc: The Honorable Robert E. Rivers, Jr., Clerk

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

HB 1745. By Representative Burkhalter of the 41st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rates, underwriting rules, and related orga nizations, so as to enact the "Automobile Personal Safety Act of 1998".
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 23, 1998

1039

HB 1746. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the provisions relating to compensation and travel expenses of the members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1747. By Representatives Benefield of the 96th, Hudson of the 156th and Porter of the 143rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers of the department of transportation generally; to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities.
Referred to the Committee on Transportation.
HB 1748. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A bill to provide for the creation of one or more community improvement districts in Cherokee County and in each municipality therein.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1749. By Representatives Teper of the 61st and Cummings of the 27th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide funding to tag agents for modernization and technology; to provide for accounts, refunds, and reports.
Referred to the Committee on Motor Vehicles.
HB 1750. By Representatives Porter of the 143rd, Murphy of the 18th, Ray of the 128th, Royal of the 164th and Hudson of the 156th:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as to provide for legislative findings and intent; to define certain terms; to provide for lowwealth capital outlay grants to be made by the State Board of Education to local school systems.
Referred to the Committee on Education.
HB 1751. By Representatives Barnes of the 33rd, Orrock of the 56th, Barfoot of the 155th, Bohannon of the 139th and Jones of the 71st:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Anno tated, relating to nursing, so as to provide for a short title; to provide for leg islative intent and findings; to provide for definitions; to provide for the Prescriptive Authority Advisory Committee.
Referred to the Committee on Health & Ecology.

HB 1752. By Representative Snow of the 2nd:
A bill to amend Code Section 19-8-12 of the Official Code of Georgia Anno tated, relating to biological fathers who are not legal fathers, notice to such fathers, and termination of such fathers' rights, so as to clarify when a peti tion or motion to terminate the rights of such a father may or must be filed.
Referred to the Committee on Judiciary.

1040

JOURNAL OF THE HOUSE,

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

HR 1164. By Representatives Lucas of the 124th, Buck of the 135th, Walker of the 141st, Coleman of the 142nd, Lord of the 121st and others:
A resolution creating the House Insurance Premium Taxation Study Com mittee.
Referred to the Committee on Rules.

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

HB 1731
HB 1732 HB 1733 HB 1734 HB 1735
HB 1736 HB 1737 HB 1738
HB 1739 HB 1740 HB 1741 HB 1742

HB 1743
HB 1744 HR 1139 HR 1140 HR 1141
HR 1142 SB 428 SB 460
SB 562 SB 620 SB 623 HR 1137

Pursuant to Rule 52, Representative Massey of the 86th moved that the following Resolution of the House be engrossed:

HR 1137. By Representatives Massey of the 86th, Walker of the 141st, Irvin of the 45th, Ashe of the 46th, Lee of the 94th and others:
A resolution amending the Rules of the House of Representatives.

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:

HB 1689 Do Pass HB 1690 Do Pass HB 1701 Do Pass

HB 1721 Do Pass HB 1725 Do Pass HB 1728 Do Pass

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

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

MONDAY, FEBRUARY 23, 1998

1041

HOUSE RULES CALENDAR MONDAY, FEBRUARY 23, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enu merated below:
HB 300 Conditioned air contractors; require evidence of valid license HB 957 Child molestation offenses; touching and not touching child HB 1071 Firemen's Pension Fund; cert prior service; creditable service HB 1082 Public School Employees Retirement; spousal benefits; establish HB 1126 Golf Hall of Fame Authority; create HB 1186 Superior court; appeals from magistrate court; amend provisions HB 1216 Municipal probation officers; training requirements; definitions HB 1242 Cotton; authorize assessment per bale HB 1474 Homestead exemption; additional qualification; recordation of deed HB 1485 City bus improvement districts; existence period; renewal HB 1496 Mortgage brokers; licenses; require presence in state HB 1499 Open records; law enforcement officers; exempt personal info HB 1565 Health; chlamydia screening test; require insurance coverage
HR 1064 Reverend Joseph Edward Grizzle Bridge; designate
SB 584 Chattahoochee Judicial Cir. Sup. Cts.; judges salary supplement (Land of the 16th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

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

HB 1689.

By Representative Stallings of the 100th:
A bill to amend an Act providing for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for a homestead exemption for the full value of the homestead from ad valorem taxes for educational purposes for residents of the City of Carrollton who are 65 years of age or older and whose income does not exceed a specified amount.

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

HB 1690.

By Representative Stallings of the 100th:
A bill to amend an Act providing for homestead exemptions from Carroll County ad valorem taxes for county purposes and from Carroll County ad valorem taxes for educational purposes for certain residents of that county and that school district, so as to provide for a homestead exemption for the full value of the homestead from ad valorem taxes for educational purposes.

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

1042

JOURNAL OF THE HOUSE,

HB 1701.

By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to amend an Act reincorporating the City of Cartersville, so as to change provisions relating to the method of levying taxes for support of the Cartersville public schools; to change provisions relating to reimbursement of the city council.

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

HB 1721. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.

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

HB 1725.

By Representatives Wiles of the 34th, Parsons of the 40th, Bradford of the 30th, Shipp of the 38th, Cooper of the 31st 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 1728.

By Representatives Parsons of the 40th, Wiles of the 34th, Cooper of the 31st, Shipp of the 38th, Grindley of the 35th 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.

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

Alien YAndenon
Ashe YBailey Y Bannister YBarfoot YBamard YBaraee YBatM YBenefield YBirdsong YBohannon
Bordeaux Y Bradford YBreedlove Y Bridget

Y Brooks Y Brawn YBuck
Buckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCaih Y Channell YChilden
Clark YCoan YColeman, B YColeman, T

YConnell Cooper
Y Crawford YCrew Y Culbreth Y Cummings YDavia, G Y Dang, M
Day YDeLoach, B Y DeLoacb, G YDii YDixon YDobbs
Duke. YEhrhart

Epps Y Evans E Everett Y Felton YFloyd Y Franklin
Golden Y Graves
Greene Y Grindley Y Hammontree
Banner Y Harbin Y Heard YHecht Y Heckstall

YHegstrom YHenson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H
Hudson, N YHugley Ylrvin Y Jackson Y James
Jamieson Jenkins Y Johnson

MONDAY, FEBRUARY 23, 1998

1043

Y Johngton
Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis
YLord Lucas Maddoi
YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCaU Y McClinton

McKinney YMffls Y Mobley YMosley Y Muellei YO-Neal
Onock YParham
YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
Ponder Porter Powell YPurcell YRagas

RandaU Ray Y Reaves YReichert YRice Y Richardson Y Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Shanahan Shaw YSherriU YShipp YSinu Sinkfield

Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T
Smith, V Smyre YSnelling YSnow YStaliings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper

Y Thomas YTiUman
Titus YTolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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 Secre tary thereof:
Mr. Speaker:

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

SB 646. By Senator Cagle of the 49th:
A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Hall County; to provide for the method of distribution of proceeds of such tax between the Hall County School Dis trict and the independent school districts located wholly or partially within Hall County, including particularly the City of Gainesville School System and the City of Buford School System.

SB 651. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide homestead exemptions from Glynn County ad valorem taxes for county purposes for certain residents of that county; to provide for defi nitions; to specify the terms and conditions of the exemptions and the proce dures relating thereto; to provide for the specific repeal of an Act approved March 16, 1994, relating to homestead exemptions for such county; to pro vide for applicability.

HB 1653.

By Representatives Smith of the 103rd, Westmorland of the 104th, Brown of the 130th and Yates of the 106th:
A bill to provide a homestead exemption from Coweta County School Dis trict 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 of more than $12,500.00 but less than $25,000.00 and who are 65 years of age or over or totally disabled.

HB 1668.

By Representative Whitaker of the 7th:
A bill to amend an Act entitled "An Act to create a board of commissioners of Gilmer County," so as to change the provisions relating to purchasing and competitive bids.

1044

JOURNAL OF THE HOUSE,

HB 1669.

By Representative Smith of the 102nd:
A bill to amend an Act to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions, so as to change the per diem compensation of members of the board of education.

HB 1671.

By Representatives Pinholster of the 15th, Stencil of the 16th and Scheid of the 17th:
A bill to provide a homestead exemption from certain Cherokee 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.

HB 1677.

By Representative Coleman of the 80th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

SB 407. By Senators Scott of the 36th, Walker of the 22nd, Egan of the 40th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices in general, so as to provide that it shall be unlawful for any person negligently to allow a minor to obtain possession of a pistol or revolver; to provide for criminal penalties.

SB 440. By Senators Glanton of the 34th, Gochenour of the 27th and Johnson of the 1st:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage generally, so as to provide for covenant marriage; to provide for a short title; to provide for definitions; to provide for proce dures; to provide for conditions and limitations; to provide for duties and authority of the office of Attorney General; to provide an effective date.
SB 463. By Senators Clay of the 37th and Cagle of the 49th:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs and general provisions governing the state militia, so as to provide that members of the Georgia National Guard may be used as honor guards for veterans' funerals.
SB 560. By Senators Hooks of the 14th, Starr of the 44th, Scott of the 36th and oth ers:
A bill to amend Code Section 31-22-4 of the Official Code of Georgia Anno tated, relating to clinical laboratory examination of human specimens, so as to provide for a quality assurance program.

SB 615. By Senators Thomas of the 10th, Brush of the 24th and Streat of the 19th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetol ogy; to require certain continuing education; to require licensing of instruc tors in private cosmetology schools; to require certain disease testing and immunization of hairdressers, nail technicians, and cosmetologists.

MONDAY, FEBRUARY 23, 1998

1045

HB 1098.

By Representative Byrd of the 170th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Anno tated, relating to blasting or excavating near underground gas pipes and util ity facilities, so as to change the definition of the term "utility facility".

HB 1288.

By Representatives Hecht of the 97th, Martin of the 47th, Lee of the 94th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for appointment of counsel or a court appointed special advocate as guardian ad litem for a minor in deprivation cases.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 1087.

By Representative Carter of the 166th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that certain rules and regulations shall be used to establish certain criminal violations; to provide that the Board of Natural Resources is authorized to designate certain waters as trout waters and to establish seasons and methods of fishing; to repeal Code Section 27-4-52, relating to trout waters without seasons.

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

HB 714. By Representatives Mueller of the 152nd, Day of the 153rd, Snow of the 2nd and others:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Anno tated, 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.

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

HR 778. By Representatives Scott of the 165th and Hudson of the 156th:
A resolution authorizing the granting of a quitclaim deed, affidavit, or other document evidencing that the state has not accepted title to and has no intent to use certain property in Tift County and granting or affirming title to such property to the Tift County Development Authority.

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

SB 644. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of Senate districts 3 and 6; to provide for related matters; to provide for effective dates and for applicability.

1046

JOURNAL OF THE HOUSE,

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

SB 407. By Senators Scott of the 36th, Walker of the 22nd, Egan of the 40th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices in general, so as to provide that it shall be unlawful for any person negligently to allow a minor to obtain possession of a pistol or revolver; to provide for criminal penalties.
Referred to the Committee on Judiciary.

SB 440. By Senators Glanton of the 34th, Gochenour of the 27th and Johnson of the 1st:
A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage generally, so as to provide for covenant marriage; to provide for a short title; to provide for definitions; to provide for proce dures; to provide for conditions and limitations; to provide for duties and authority of the office of Attorney General; to provide an effective date.
Referred to the Committee on Judiciary.

SB 463. By Senators Clay of the 37th and Cagle of the 49th:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs and general provisions governing the state militia, so as to provide that members of the Georgia National Guard may be used as honor guards for veterans' funerals.
Referred to the Committee on Defense & Veterans Affairs.

SB 560. By Senators Hooks of the 14th, Starr of the 44th, Scott of the 36th and oth ers:
A bill to amend Code Section 31-22-4 of the Official Code of Georgia Anno tated, relating to clinical laboratory examination of human specimens, so as to provide for a quality assurance program.
Referred to the Committee on Health & Ecology.

SB 615. By Senators Thomas of the 10th, Brush of the 24th and Streat of the 19th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetol ogy; to require certain continuing education; to require licensing of instruc tors in private cosmetology schools; to require certain disease testing and immunization of hairdressers, nail technicians, and cosmetologists.
Referred to the Committee on Health & Ecology.

SB 644. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of Senate districts 3 and 6; to provide for related matters; to provide for effective dates and for applicability.

MONDAY, FEBRUARY 23, 1998

1047

February 23, 1998
Mi. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross Senate Bill Number 644. This notice is made prior to or upon reading the bill the first time.
/s/ Tommy Smith Representative 169th District
Referred to the Committee on Legislative & Congressional Reapportionment.

SB 646. By Senator Cagle of the 49th:
A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Hall County; to provide for the method of distribution of proceeds of such tax between the Hall County School Dis trict and the independent school districts located wholly or partially within Hall County, including particularly the City of Gainesville School System and the City of Buford School System.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 651. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide homestead exemptions from Glynn County ad valorem taxes for county purposes for certain residents of that county; to provide for defi nitions; to specify the terms and conditions of the exemptions and the proce dures relating thereto; to provide for the specific repeal of an Act approved March 16, 1994, relating to homestead exemptions for such county; to pro vide for applicability.
Referred to the Committee on State Planning & Community Affairs - Local.

The Speaker Pro Tern assumed the Chair.

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

HR 1152. By Representatives Bradford of the 30th, Sauder of the 29th, Cooper of the 31st, Shipp of the 38th, Manning of the 32nd and others:
A resolution recognizing and congratulating the Georgia Drugs and Narcotics Agency; and inviting Bill Atkins and others 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 1107. By Representative Lord of the 121st:
A resolution commending the Washington County High School Golden Hawks football team and inviting members thereof to appear before the House of Representatives.

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HR 1108.

By Representatives Dukes of the 161st, Roberts of the 162nd, Everett of the 163rd, Taylor of the 134th, Hanner of the 159th and others:
A resolution recognizing and commending the Albany State University Rams and Coach Hampton Smith and inviting the members of the team and the coaches to appear before the House of Representatives.

HR 1109.

By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd, Stephens of the 150th and Pelote of the 149th:
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 of Representatives.

HR 1114.

By Representative Lord of the 121st:
A resolution recognizing and commending Coach Rick Tomberlin of Wash ington County High School and inviting him to appear before the House of Representatives.

HR 1153.

By Representatives Brooks of the 54th, Davis of the 48th, Heckstall of the 55th, Stanley of the 50th, Stanley of the 49th and others:
A resolution proclaiming February 23, 1998, as James Edward "Billy" McKinney Day in honor of his birthday.

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

HB 1474.

By Representative Polak of the 67th:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding tax exemptions, so as to change cer tain qualifications with respect to homestead exemptions.

The following amendments were read and adopted:

Representatives Smith of the 109th and Polak of the 67th move to amend HB 1474 as fol lows:
On page 3 line 18 after the word deed add "or lease".

Representative Polak of the 67th moves to amend HB 1474 as follows: On Page 3, Line 21 delete "the deadline for".

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 Anderaon
Ashe Bailey Y Bannister YBarfoot

Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon

Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown

YBuck Buckner
YBunn Y Burkhalter YByrd Y CampbeU

Y Canty YCash Y Channel!
Y Childera Y Clark YCoan

MONDAY, FEBRUARY 23, 1998

1049

Y Coleman, B Y Coleman, T
Cornell Y Cooper YCrawford Y Crews YCulbreth Y Cununings YDavis, G YDavis, M YDay
DeLoach, B YDeLoach, G YDiz YDizon YDobbe Y Dukes YEhrhart
YEpps Y Evans E! Everett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree
Manner

Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James
Jamieson YJenUns Y Johnson YJohnston Y Jones Y Joyce YKaye YLadd YLakly
Lane Lee 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 Moeley YMueller YO'Neal
Orrock YParham YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder
Porter YPowell YPurcell YRagas

YRandall YRay Y Reaves Y Reichert
YRice Y Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder YScarlett Y Scheid Y Scott YShanahan
Shaw 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 YSnelling

YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas YTillman Y Titus Y Tolbert YTrense
Tumquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y WUes 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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1082.

By Representative Cummings of the 27th:
A bill to amend Code Section 47-4-102 of the Official Code of Georgia Anno tated, relating to optional retirement benefits under the Public School Employees Retirement System, so as to provide that a member who is unmarried at the time of retirement and who subsequently marries may establish spouse's benefits for his or her spouse.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-4-102 of the Official Code of Georgia Annotated, relating to optional retirement benefits under the Public School Employees Retirement System, so as to provide that a member who is unmarried at the time of retirement and who subse quently marries may establish spouse's benefits for his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-4-102 of the Official Code of Georgia Annotated, relating to optional retirement benefits under the Public School Employees Retirement System, is amended by inserting immediately following subsection (e) a new subsection to read as follows:
"(f)(l) As used in this subsection, the term 'retired member' means a person retired under this chapter who was unmarried at the time of his or her retirement. (2) In the event a retired member marries subsequent to his or her retirement, the retired member may elect to begin receiving an actuarially reduced benefit of equiva lent value and establish on behalf of the spouse Option A or B. Such election must

1050

JOURNAL OF THE HOUSE,

be made by December 31, 1998, or within six months after the date of marriage, whichever date is later. (3) This subsection applies to retired members who retired at any time prior to July 1,1998, as well as to those who retire on or after that date."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien YAndereon
Ashe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridget Y Brooks Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd
Campbell Y Canty YCash Y Channell YChilden Y Clark YCoan YColeman, B
Y Coleman, T Cornell
Y Cooper Y Crawford Y Crews

Y Culbreth Y CummiiurB Y Davis, G Y DaTM, M YDay Y DeLoach, B
NDeLoach, G YDii YDiion
YDobbs Y Dukes
Ehrhart
YEpps Y Evans EEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Banner Y Harbin Y Heard YHecht YHeckstall YHegBtrom
Henson Y Holland Y Holmes Y Houston Y Howard
Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson Y Jenkms Y Johnson Y Johnston Y Jones
Y Joyce YKaye YLadd YLakly
YLane Lee
Y Lewis YLord Y Lucas
Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney YMills YMobley YMosley Y Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons
Pelote Y Perry Y PinhoUter YPoag YPolak Y Ponder
Porter YPoweU YPurcell
YRagas Randall
YRay Y Reaves Y Reichert
YRice Y Richardson Y Roberta
Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan
Shaw YSherrill YShipp
Sims Y Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson
YWest Y Westmoreland YWhitaker 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 substi tute.

Representative Smith of the 175th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 23, 1998

1051

Representative DeLoach of the 119th 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.

HB 1126.

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

Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates Y Benefield YBirdsong Y Bohannon
Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck
Buckner Bunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channel!
YChilders Y Clark NCoan
Y Coleman, B Y Coleman, T Y Council Y Cooper Y Crawford
N Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day
Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart
YEpp, Y Evans EEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstaU Y Hegstrom
Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston
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 NMassey YMcBee YMcCall Y McClinton
McKinney N Mills
Y Mobley Y Mosley
Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts
Rogers Y Royal
N Sanders Y Sauder
Y Scarlett Y Scheid Y Scott YShanahan
Shaw YSherrill YShipp YSims 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 YSmyre
Snelling YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas YTilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest N Westmorland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

On the passage of the Bill, the ayes were 150, nays 12. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1126 was ordered immediately transmitted to the Senate.

HB 1242.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to authorize the establishment and collection of an assessment per bale of cotton in lieu of the assessment per acre of cotton.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to authorize a change in the basis for assessments and the method of calculating the amount of assessments; to provide for definitions; to delete certain provisions relating to referendums; to require the collection of assessments imposed on a per bale basis by the first buyer of cotton; to pro vide for reports and time periods for the payment of assessments; to provide for applica bility; to provide for practices and procedures; to provide for termination of assessments; to provide for penalties; to provide for nonseverability, intent, and the contingent reenactment of certain laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," is amended by striking Code Section 2-7-152, relating to definitions, and inserting in its place the following:
"2-7-152.
As used in this article, the term: (1) 'Bale' means a running bale of cotton averaging 500 pounds. {tMl.l) 'Boll weevil' means Anthonomus grandis Boheman in any stage of develop ment. (2) 'Certificate' means a document issued by the Commissioner certifying that a regu lated article is free of the boll weevil. (3) 'Commissioner' means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissioner to act in his or her behalf. (4) 'Department' means the Georgia Department of Agriculture. (4.1) 'First buyer' means that person who first buys cotton from the cotton grower. (5) 'Host' rntans any plant, plant part, or product thereof, including cotton, which is capable of sustaining the boll weevil in the completion of any portion of its life cycle. (6) 'Infested' means actually infested with the boll weevil or exposed to such an extent that it would be reasonable to expect that an infestation exists. (7) 'Noncommercial cotton' means cotton intended for purposes other than processing. (8) 'Permit' means a document issued or authorized by the Commissioner providing for the movement of regulated articles to restricted destinations for limited handling, use, or processing. (9) 'Person' means an individual, corporation, company, society, association, or other business entity. (10) 'Regulated article' means any article carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, hosts, gin trash, and equipment which may be designated by the Commissioner."
SECTION 2. Said article is further amended by striking Code Section 2-7-156, relating to a referendum on assessments, levy on assessments, receipt and collection of funds, and audits of records, and inserting in its place the following:
"2-7-156.
(a) Upon the r-cqucst ef the certified eettea growers' organization, the Commiaaieaer shall conduct a referendum among ati eetten growers any- time after September 3% 1086, te determine whether an An assessment shall be levied upon them all cotton growers in this state to cover, in whole or in part, the cost of boll weevil suppression and eradica tion programs authorized by this article, subject to the following:

MONDAY, FEBRUARY 23, 1998

1053

(1) All affected eette growers ahull be entitled te vote and aay question ef eligibility
{3)(1) All assessments imposed on cotton shall be levied on a per acre or per bale basis as determined by the Commissioner upon recommendation of the cotton growers' organization; provided, however, that the per acre assessment shall continue to be used so long as acreage certification is available to the department: {3)(2) The per acre or per bale assessment, the period for which it shall be levied, and the geographical area to which the assessment applies shall be established by the Commissioner, upon recommendation by the board of directors of the cotton growers' organization; (4) PoBDOgc ef seh referendum shaH require a two'thirds' majority of these growers voting and- at least 66 percent ef- the Agricultural Stabilization and- Conservation Sefvfee registered eettea growers mast have voted at saeh referendum! (3) When the assessment is imposed on a per bale basis, it shall be the duty of each person who first purchases cotton from a cotton grower in this state to collect the assessments imposed pursuant to this article on such cotton, to file reports on forms prescribed by the Commissioner listing such sales and the name of the grower, and to remit the amounts so imposed and collected to the Commissioner within 30 days of the date of purchase of the cotton; {6)(4) The Commissioner of Agriculture is authorized, and it shall be his the Commis sioner's duty, to receive, collect, hold in trust, and disburse all assessments and any other funds created under this article as trust funds of the cotton growers' organiza tion, without complying with the requirements applicable to funds collected for the use and benefit of the state. Such funds shall not be required to be deposited in the state treasury and appropriated therefrom. All moneys collected by the Commissioner shall be deposited in a bank or other depository approved by the growers' organization and shall be disbursed by him the Commissioner only upon the written authorization of the certified cotton growers' organization for the administration and implementa tion of the boll weevil eradication program. Should the eradication program be discon tinued or certification of the growers' organization be revoked by the Commissioner, the assessments authorized by. this article shall be discontinued on the date specified by the Commissioner and any funds remaining in its hands at such time are autho rized to be paid out by the Commissioner for existing obligations and for winding up the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the Commissioner to the contributing growers on a pro rata per are basis; {6K5) Records maintained by the Commissioner on behalf of the certified cotton growers' organization shall be audited at least annually by the state auditor; ffl(6) The Commissioner shall have a lien for the payment of assessments under this article which shall be of equal dignity with liens for taxes in favor of the state. The Commissioner is authorized to issue executions for the collection of such assessments in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon request of the Commissioner, to levy and collect such executions and to make their return thereof to the Commissioner in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners; pro vided, however, that the Commissioner shall be authorized to levy and collect his or her own executions; and
{8K7) In addition to the lien provided in paragraph {?}{6) of this subsection, the Commissioner shall have a special lien on cotton for payment of assessments which shall be superior to any other lien provided by law, shall arise as of the time the assessments become due and payable, and shall cover all cotton grown by the cotton grower from the date the lien arises until such assessments are paid; provided, how ever, that any buyers of cotton shall take free of such lien if such buyer has not received written notice of the lien from the Commissioner. Such lien extends to the proceeds of sale received by the person who originally bought the cotton from the

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JOURNAL OF THE HOUSE,

grower. Notice may be provided by tagging the cotton as being subject to a delin quency or by documentation in the sales agreement indicating that the cotton is sub ject to a delinquency. The Commissioner or his the Commissioner's authorized representative is authorized and empowered to so tag the cotton wherever found. In order to enforce such liens, the Commissioner is authorized to issue an execution for the collection of delinquent assessments due the Commissioner. The execution shall be directed to all and singular sheriffs of this state and shall command them to levy upon the cotton of the cotton grower or notified initial buyer; provided, however, that the Commissioner shall be authorized to levy and collect his or her own executions. Each sheriff or the Commissioner or his the Commissioner's authorized representative shall execute the execution as in cases of writs of execution from the superior courts. The Commissioner or his the Commissioner's authorized representative may levy and conduct judicial sales in the manner provided by law for sales by sheriffs and consta bles. The special lien on cotton may also be enforced by a foreclosure action or action at law, as appropriate, brought by the Commissioner in the superior court of the county of residence of the person who originally bought the cotton from the grower. A buyer of cotton other than a person buying cotton from the grower takes free of the lien created by this paragraph. (b) If it is determined fey the certified eetteu growers' organization that tine amount ef the oaacsomcnt approved in the referendum conducted pursuant te subsection {a) of- this Code section should- fee changed er that the time period- for the collection ef- stteh- assess {Bent ahettkl be extended, er both, the organization sh*H reqttest the Commissioner te
growers. Upea receipt ef-seeh request, the Commiasienef shaH conduct stteh referendum the same manner and sttbjeet te the same procedures and- requirements as- the refercndum provided for in subsection {a} ef- this Code section. B stteh change er extension is approved is sucu referendum, tnc cnanged- or extended osscssfltefn snail i&e tflsposcd and collected is the same manner as the original assessment."
SECTION 3. Said article is further amended by striking Code Section 2-7-158, relating to penalties, and inserting in its place the following:
"2-7-158.
(a) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $1,000.00 or by imprisonment not exceeding 12 months, or both, as determined by the court. (b) Any cotton grower or the first buyer of cotton from a cotton grower who fails to pay any assessment levied under this article when due and upon reasonable notice shall be subject to a penalty of not more than $25.00 per acre or $12.50 per bale, such amount to be established by the Commissioner upon recommendation of the board of directors of the cotton growers' organization. (c) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his or her property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court shall issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action."
SECTION 4. This Act is not severable. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, the other sections, subsections, sentences, clauses, or phrases of this Act shall automatically be repealed and Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated in effect imme diately prior to the enactment of this Act is reenacted as of such date as if this Act had not been enacted. The General Assembly declares that it would not have passed the

MONDAY, FEBRUARY 23, 1998

1055

remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Floyd of the 138th moves to amend the Committee substitute to HB 1242 by inserting following the semicolon on line 11 of page 1 the following:
"to create an advisory committee on assessments; to provide for the membership, pow ers, and duties of the advisory committee; to provide for the duties of the certified cot ton growers' organization and its board of directors; to provide that the members of the advisory committee shall serve without compensation or expenses from the state; to pro vide for the abolition of the committee and the repeal of certain laws;".
By redesignating Sections 3 through 5 as Sections 4 through 6, respectively.
By inserting after line 42 on page 5 the following:
"SECTION 3.
Said article is further amended by adding after Code Section 2-7-156 a new Code Section 2-7-156.1 to read as follows:
'2-7-156.1.
(a) There is created a special advisory committee to the certified cotton growers' organi zation to be known as the Assessment Advisory Committee. The Assessment Advisory Committee shall be composed of the following members:
(1) One member to be appointed by the Board of Directors of the Georgia Farm Bureau Federation;
(2) One member to be appointed by the Georgia Cotton Commodity Commission; and
(3) One member to be appointed by the Georgia Board of Directors of Southern/Southeastern, Inc.
No person who serves as a member of the board of directors of the Boll Weevil Eradica tion Foundation of Georgia, Inc., shall be eligible to serve as a member of the Assess ment Advisory Committee. No person shall be appointed to serve as a member of the Assessment Advisory Committee by more than one of the organizations listed in para graphs (1) through (3) of this subsection. No person shall be appointed or eligible to serve as a member of the Assessment Advisory Committee if such person's spouse or child has been appointed as a member of such committee.
(b) It shall be the duty of the certified cotton growers' organization and its board of directors to consult with the Assessment Advisory Committee in the formulation and adoption of any recommendation to the Commissioner relating to any change in the method of assessment from a per acre basis to a per bale basis. It shall be the further duty of the certified cotton growers' organization and its board of directors to notify the members of the Assessment Advisory Committee of all meetings at which any proposed change in such method of assessment is to be discussed or any action is to be taken thereon and to allow the members of such advisory committee to participate in such meeting, but the members of the advisory committee shall not have the right to vote as members of the board of directors of the certified cotton growers' organization. The members of the Assessment Advisory Committee shall receive no compensation or reim bursement of expenses from the state for their services as members of the advisory com mittee. The Assessment Advisory Committee created by this Code section shall be

1056

JOURNAL OF THE HOUSE,

automatically abolished and this Code section shall be repealed on the date the Commis sioner takes final action to change the method of assessments from a per acre basis to a per bale basis under the provisions of any law now or hereafter enacted authorizing such change.'".

The Committee substitute, as amended, was adopted.

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

Alien Y Anderson YAshe
Bailey Bfmnister YBarfoot Y Barnard Barnes
N Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash
Y Channel! Y Childera Y Clark YCoan
Y Coleman, B Y Coleman, T
Connell Y Cooper
Y Crawford Y Crews

Y Culbreth Y CummingB
Y Davis, G Davis, M Day
Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans E Everett YFelton YFloyd Y Franklin Y Golden
Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin
Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins Y Johnson
Johnston Y Jones Y Joyce
Kaye 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
Mueller O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder
Y Porter Y Powell YPurcell 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
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 Y Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas YTulman
Y Titus Y Tolbert YTrense Y Turnquest
YTwiggs Y Walker, L Y Walker, RL Y Watson
Y West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1496.

By Representatives Harbin of the 113th, Shipp of the 38th and Parsons of the 40th:
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 impose the requirement that in order to be licensed or to have a license renewed, an out-of-state mortgage broker must have a physical presence in Georgia if its home state so requires.

Pursuant to Rule 134, Representative Lakly of the 105th was excused from voting on HB 1496.

MONDAY, FEBRUARY 23, 1998

1057

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

Alien Y Andersen YAshe
Bailey Y Bannister YBarfoot Y Barnard
Banes Y Bates Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilden Y Clark YCoan YColeman, B Y Coleman, T YConneU Y Cooper Y Crawford YCrevre

Y Culbreth Y CununingB
Y Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach,G YDix Y Dixon
YDobbs Y Dukes YEhrhart YEpps YKvans EEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes
Y Houston Y Howard
Y Hudgera Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins Y Johnson
Jobnston Jones Y Joyce YKaye YLadd Lakly YLane YLee Y Lewis YLord Y Lucas Y Maddoi YMann
Y Mpnnjng
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton Y McKinney YMills Y Mobley Y Mosley Y MueUer YO'Neal YOrrock Y Parham

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
Rogers Y Royal
Sanders Y Sauder Y Scarlett
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 YSmyre YSnelling
YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert
YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Watson
YWest Y Westmorland YWhitaker
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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1485. By Representative Shanahan of the 10th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Anno tated, relating to city business improvement districts, so as to allow the time period for existence of the district to range from five years to ten 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:

Alien
Y Andersen YAshe
Bailey Y Bannister
YBarfoot Y Barnard
Barnes 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 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 YDay Y DeLoach, B
Y DeLoach, G YDix Y Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans E 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

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JOURNAL OF THE HOUSE,

YH Y Holland Y Holmes Y Houston Y Howard
YHudgens Y Hudson, H Y Hudion, N YHugley Ylrvin Y Jackson Y James YJamieson Y Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee

Y Lewis Lord Lucas
YMaddoz YMann
Y Mynning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
Y McClinton YMcKinney Y Mills
Y Mobley YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote

Y Perry Y Pinholster YPoag
Polak Ponder Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott

Y Shanaban YShaw YSherrUl YShipp YSinu 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 Stephens

Y Taylor Teague
YTeper Thomas
YTillman Y Titus Y Tolbert YTrense Y Turnquest
Y Walker, L Y Walker, R.L Y Watson 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, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

MONDAY, FEBRUARY 23, 1998

1059

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1155. By Representative Smith of the 12th: A resolution proclaiming "International Building Safety Week".

HR 1156. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th, Hugley of the 133rd, Sherrill of the 62nd and others:
A resolution endorsing the Read Across America campaign.

HR 1157. By Representative Scheid of the 17th: A resolution commending Gina Carr Kyle.

HR 1158. By Representative Scheid of the 17th: A resolution commending Emily Turner.

HR 1159. By Representative Scheid of the 17th: A resolution commending David Caughman and the Lakeside Ledger.

HR 1160. By Representatives Twiggs of the 8th, Dobbs of the 92nd and Bridges of the 9th:
A resolution commending Mrs. Carol Jackson.

HR 1161.

By Representatives Hugley of the 133rd, Smyre of the 136th, Taylor of the 134th, Culbreth of the 132nd, Buck of the 135th and others:
A resolution commending Juanita C. Hooker and congratulating her on her retirement from teaching.

HR 1162. By Representative Purcell of the 147th: A resolution commending Mr. Charles Hartzog.

HR 1163. By Representative Cash of the 108th: A resolution commending Mr. Fletcher Wolfe.

HR 1166. By Representatives Coleman of the 142nd and Barfoot of the 155th:
A resolution commending Thomas Alexander Peterson IV and wishing him a happy birthday.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Health and Ecology and referred to the Committee on Agriculture and Con sumer Affairs:

1060

JOURNAL OF THE HOUSE,

SB 500. By Senators Streat of the 19th, Ragan of the llth, Middleton of the 50th and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to pro vide for the licensing of the retail sale of fresh or frozen seafood, meat, or poultry from a mobile vehicle; to provide for definitions; to provide for licenses and the issuance and revocation thereof.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 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 Anno tated, 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.
Representative Westmoreland of the 104th moved that HB 957 be recommitted.

Representative Ladd of the 59th moved to postpone HB 957 until tomorrow. On the motion, the roll call was ordered and the vote was as follows:

Alien Andenon NAshe YBailey Bannister MBarfoot N Barnard Bames Batn NBenefield NBirdsong N Bohannon Bordeaux Bradford NBnedlove Y Bridges Y Brooks Y Brown Buck Buckner YBunn N Burkhalter NByrd Y CampbeU Canty Cash Channel!
Childers Clark Coan N Coleman, B Coleman, T N Cornell
Cooper Y Crawford N Crews

Culbreth CumnungB Davis, G Davis, M YDay DeLoach, B YDeLoach, G NDii NDixon YDobbe Dukes NEhrhart
Epps N Evans EEverett
Felton NFloyd Y Franklin
Golden Graves NGreene Y Grindley Hammontree Manner Harbin N Heard N Hecht NHeckstall NHegstrom Henson N Holland N Holmes Houston Y Howard YHudgens Hudson, H

N Hudson, N YHugley
Irvin
Y Jackson Y James N Jamieson E Jenkins
Johnson Y Johnston N Jones Y Joyce
Kaye YLadd YLakly YLane NLee Y Lewis NLord
N Lucas Maddoi Mann
Y Mantling
Martin, J Martin, J.L YMassey NMcBee McCall Y McClinton McKinney Mills Y Mobley NMosley Mueller NO'Neal Orrock Parham

NParrish N Parsons N Pelote Y Perry Y Pinholster NPoag NPolak
Ponder N Porter
Powell NPurceU YRagas
Randall Ray Reaves Y Reichert YRice Y Richardson Y Roberts N Rogers N Royal Y Sanders NSauder Scarlett Scheid Y Scott
NShaw NSherrill NShipp
Sims Sinkfield N Skipper Smith, C Smith, C.W Y Smith, L

On the motion, the ayes were 47, nays 57. The motion was lost.

Representative Ehrhart of the 36th moved the previous question.

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre NSneUing
Snow Stallings Stancil, F Y Stancil, S Stanley, L Stanley, P N Stephens N Taylor ETeague N Taper Thomas Tillman Y Titus N Tolbert NTrense Y Turaquest Twiggs Walker, L Y Walker, R.L
N Watson NWest N Westmoreland
Whi taker N Wiles
Williams, B Y Williams, J
Williams, R Y Worthan YYates
Murphy, Spkr

MONDAY, FEBRUARY 23, 1998

1061

The following amendment was read and adopted:

Representatives Tolbert of the 25th and Hecht of the 97th move to amend HB 957 as fol lows:
Strike on page 1 line 19 "to or in the presence of or with any child".

The following amendment was read and withdrawn:

Representatives Massey of the 88th and Ragas fo the 64th move to amend HB 957 as fol lows:
Add on line 32, page 1, after the word person
, where the child is the focal point of the Act.

The following amendment was read:

Representative Rice of the 79th moves to amend HB 957 as follows:
Add after period on page 1, line 32
"It is the intent of the legislature that the highest and most rigorous standards of evi dence be held to in the case of trial for second degree aggravated child molestation".

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

Allen Anderaon NAshe N Bailey Y Bannister NBarfoot N Barnard Bames Bates N Benefield NBirdsong NBohannon N Bordeaux Bradford NBreedlove N Bridges N Brooks Y Brown NBuck Buckner YBunn N Burkhalter NByrd N Campbell Canty YCash
N Channell Childers Clark
NCoan NColeman, B
Coleman, T NConnell N Cooper N Crawford N Crews

N Culbreth CununinffB
N Davis, G Davis, M
NDay N DeLoach, B YDeLoach,G NDii NDixon NDobbs N Dukes NEhrhart NEpps N Evans EEverett
Felton NFloyd N Franklin
Golden N Graves NGreene Y Grindley N Hanunontree
Hanner Harbin N Heard N Hecht NHeckstall NHegstrom N Henson N Holland N Holmes N Houston N Howard YHudgens
Hudson, H

N Hudson, N NHugley NIrvin N Jackson N James N Jamieson E Jenkins
Johnson Y Johnston N Jones Y Joyce
Kaye YLadd YLakly YLane NLee N Lewis NLord N Lucas N Maddox NMann
N Manning
Martin, J Martin, J.L
Y Massey NMcBee
McCall N McClinton
McKinney N Mills N Mobley N Mosley
Mueller NO'Neal
Orrock Parham

NParrish N Parsons NPelote N Perry N Pinhobter
NPoag NPolak
Ponder Porter Powell NPurcell N Ragas Randall Ray N Reaves NReichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Scarlett
Scheid Y Scott
Shanahan NShaw NSherrill
NShipp Sims Sinkfield
N Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 19, nays 112.

N Smith, L.R N Smith, P
Smith, T N Smith, V
Smyre NSneUing NSnow NStaUings
Stancil, F N Stancil, S N Stanley, L
Stanley, P N Stephens NTaylor ETeague NTeper N Thomas
Tillman Y Titus N Tolbert
NTrense Turnquest
NTwiggs Walker, L
N Walker, R.L N Watson N West Y Westmoreland
Whitaker N Wiles N Williams, B N Williams, J
Williams, R N Worthan Y Yatas
Murphy, Spkr

1062

JOURNAL OF THE HOUSE,

The amendment was lost.

Representative Westmoreland of the 104th moved that HB 957 be placed upon the table.
On the motion, the roll call was ordered and the vote was as follows:

Alien Andenon NAshe
NBaUey Y Bannister YBarfoot Y Barnard NBarnes
Bates NBenefield NBirdsong Y Bohannon N Bordeaux N Bradford NBreedlove N Bridges Y Brooks Y Brown NBuck NBuckner YBunn NBurkhalter YBjrrd N Campbell
Canty NCash NChannell NChilders
Clark NCoan YColeman, B
Coleman, T N Council
N Cooper Y Crawford N Crews

N Culbreth
f^iimminga
N Davis, G Davis, M
NDay NDeLoach, B N DeLoach, G NDii NDiion YDobbs
N Dukes NEhrhart
NBpps N Evans EEverett
Felton NFloyd Y Franklin Y Golden N Graves NGreene NGrindley N Hammontree
Hanner Y Harbin N Heard NHecht NHeckstall YHegstrom NHenson N Holland N Holmes N Houston Y Howard YHudgens
Hudson, H

N Hudson, N
Y Hugley NIrvin N Jackson Y James N Jamieson E Jenkins
Johnson Y Johnston Y Jones Y Joyce
Kaye NLadd YLakly YLane NLee N Lewis NLord Y Lucas Y Maddoi NMann N Nbmninc
Martin, J N Martin, J.L YMassey NMcBee
McCall Y McClinton
McKinney N Mills Y Mobley YMosley
Mueller NO'Neal YOrrock
Parham

On the motion, the ayes were 52, nays 93. The motion was lost.

NParrish N Parsons N Pelote Y Perry N Pinholster NPoag NPolak
Ponder Porter Powell NPurcell
YRagas NRandaU
NRay N Reaves N Reichert YRice Y Richardson Y Roberts N Rogers
N Royal Y Sanders N Sauder N Scarlett
Scheid Y Scott
Shanahan NShaw NSherrill NShipp
Sims Sinkfield
N Skipper Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R N Smith, P
Smith, T Y Smith, V
Smyre NSnelling YSnow N Stalling*
Stancil, F Y Stancil, S Y Stanley, L
Stanley, P
N Stephens Y Taylor
ETeague YTeper N Thomas
TUlman Y Titus N Tolbert NTrense Y Turnquest NTwiggs N Walker, L N Walker, R.L N Watson N West Y Westmoreland
Whitaker
N Wiles N Williams, B N Williams, J N Williams, R YWorthan
YYates Murphy, Spkr

Representative Harbin of the 113th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The report of the Committee, which was favorable to the passage of the Bill, 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 Andenon
Y Ashe Y Bailey Y Bannister
YBarfoot Y Barnard YBarnes
Bates YBenefield
YBirdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner
Bunn Y Burkhalter YByrd Y Campbell

Canty YCash Y Channel! Y Childers
Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews

Y Culbreth Cummings
Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart

YEpps Y Evans E Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Hanner

MONDAY, FEBRUARY 23, 1998

1063

Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens
Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson N James YJamieson EJenkjns Y Johnson YJohnston Y Jones N Joyce
Kaye

Y Ladd Y Lakly YLane Y Lee Y Lewis Y Lord N Lucas Y Maddox YMann Y Manning
Martin, J Y Martin, J.L Y Mauey Y McBee
McCall Y McClinton
McKinney Y Mills N Mobley Y Mosley Y Mueller Y O'Neal
Orrock Parham

Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Poag Y Polak
Ponder Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert N Rice N Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett

Scheid Y Scott
Shanahan Y Shaw Y Sherrill Y Shipp
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 Y Smyre Y Snelling Y Snow Y StaUings Stand], F Y StancU, S Stanley, L Stanley, P

Y Stephens Y Taylor E Teague YTeper Y Thomas
Tillman N Titus Y Tolbert Y Trenee
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Weetmoreland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Suns of the 167th, Hudson of the 120th and Cummings of the 27th 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 1499.

By Representative Barnes of the 33rd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to when public disclosure of public records is not required, so as to provide that certain records which would reveal certain information concerning law enforcement officers, members of their families, or their dependents shall not be subject to disclosure.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that certain records which would reveal certain information concerning law enforcement officers, judges, prosecutors, members of their immediate families, or their dependents shall not be subject to disclosure; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, is amended by striking subsection (a) of said Code section and inserting in its place the following:
"(a) Public disclosure shall not be required for records that are: (1) Specifically required by the federal government to be kept confidential; (2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy; (3) Except as otherwise provided by law, records compiled for law enforcement or prosecution purposes to the extent that production of such records would disclose the

1064

JOURNAL OF THE HOUSE,

identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation;
(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an inves tigation or prosecution shall no longer be deemed to be pending when all direct litiga tion involving said investigation and prosecution has become final or otherwise terminated;
(5) Records that consist of confidential evaluations submitted to, or examinations pre pared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such inves tigatory records privileged;
(6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been ter
minated or abandoned and Department of Transportation engineers cost estimates and rejected or deferred bid proposals, except for the total amount of the bid, either received or prepared pursuant to Article 4 of Chapter 2 of Title 32; (7) Notwithstanding any other provision of this article, an agency shall not be
required to release those portions of records which would identify persons applying for or under consideration for employment or appointment as executive head of an agency as that term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1, or of a unit of the University System of Georgia; provided, however, that at least 14 cal
endar days prior to the meeting at which final action or vote is to be taken on the position, the agency shall release all documents which came into its possession with
respect to as many as three persons under consideration whom the agency has deter mined to be the best qualified for the position and from among whom the agency intends to fill the position. Prior to the release of these documents, an agency may
allow such a person to decline being considered further for the position rather than have documents pertaining to the person released. In that event, the agency shall release the documents of the next most qualified person under consideration who does
not decline the position. If an agency has conducted its hiring or appointment process open to the public, it shall not be required to delay 14 days to take final action on the position. The agency shall not be required to release such records with respect to
other applicants or persons under consideration, except at the request of any such per son. Upon request, the hiring agency shall furnish the number of applicants and the
composition of the list by such factors as race and sex. Provided, further, the agency shall not be allowed to avoid the provisions of this paragraph by the employment of a private person or agency to assist with the search or application process;
(8) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate
Research Office, or the House Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previ
ously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly;
(9) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Board of Regents of the University System of Georgia when the owner or donor of such records wishes to
place restrictions on access to the records. No restriction on access, however, may extend more than 75 years from the date of donation or sale. This exemption shall
not apply to any records prepared in the course of the operation of state or local gov ernments of the State of Georgia;

MONDAY, FEBRUARY 23, 1998

1065

(10) Records that contain information from the Department of Natural Resources inventory and register relating to the location and character of a historic property or of historic properties as those terms are defined in Code Sections 12-3-50.1 and 12-3-50.2 if the Department of Natural Resources through its Division of Historic Preservation determines that disclosure will create a substantial risk of harm, theft, or destruction to the property or properties or the area or place where the property or properties are located; (11) Records that contain site specific information regarding the occurrence of rare species of plants or animals or the location of sensitive natural habitats on public or private property if the Department of Natural Resources determines that disclosure will create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located; provided, however, that the owner or owners of private property upon which rare species of plants or animals occur or upon which sensitive natural habitats are located shall be entitled to such information pursuant to this article; e* (12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic sig nature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 10-12-3rj or (13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of law enforcement officers, judges, and prosecutors or identification of immediate family members or dependents thereof."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Alien Andenon Ashe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Y Channell YChilders Clark Y Coan Y Coleman, B YColeman, T

YConneU Y Cooper YCrawford Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans EEverett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene YGrindley Y Hammontree
Manner Y Harbin Y Heard Y Hecht Y Heckstall

Y Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James YJamieson E Jenkins Y Johnson YJohnston Y Jones Y Joyce
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
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
Ponder Y Porter
Powell Y Purcell Y Ragas Y RandaU Y Ray Y Reaves Y Reichert Y Rice Y Richardson
Roberts Y Rogers

Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott
Shanahan Y Shaw Y SherrUl Y 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 Y Smyre Y Smiling Y Snow Y Stallings
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor E Teague Y Teper

1066

JOURNAL OF THE HOUSE,

Y Thomas YTillman Y Titus YTolbert

Y Trense Y Turnquest YTwiggs Y Walker, L

Y Walker, R.L Y Watson 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, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1216.

By Representative Campbell of the 42nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of certain terms; to include certain employees of municipal probation systems who are authorized to exercise the power of arrest within the definition of the term "peace officer".

The following Committee substitute was read and withdrawn:

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 definition of certain terms; to include certain employees of municipal probation systems who are authorized to exer cise the power of arrest within the definition of the term "peace officer"; to include munic ipal probation officers within the definition of the term "law enforcement unit"; to define an additional term; to require municipal probation officers to receive training and obtain certification; to provide for exceptions to the training and certification requirement; 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 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Offi cer Standards and Training Act," is amended by striking subparagraph (C) of paragraph (7) of Code Section 35-8-2, relating to definitions, and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) The Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, and municipal correctional institutions employing 300 or more correctional officers^ and municipal probation systems for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions."
SECTION 2. Said chapter is further amended by striking subparagraph (C) of paragraph (8) of said Code section and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Par dons and Paroles, county correctional institutions, municipal correctional institu tions employing 300 or more correctional officers, and county probation systems^ and municipal probation systems: and".
SECTION 3. Said chapter is further amended by adding after Code Section 35-8-13 a new Code section, to be designated Code Section 35-8-13.1, to read as follows:
"35-8-13.1.

MONDAY, FEBRUARY 23, 1998

1067

(a) Any person employed or appointed as a municipal probation officer on or after Jan uary 1, 1999, shall not be authorized to serve as a municipal probation officer unless such person has successfully completed a training course and received certification for municipal probation officers approved by the Georgia Peace Officer Standards and Training Council. (b) Persons applying for certification and persons certified by the council under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all of the requirements of a peace officer. (c) Persons employed or serving as municipal probation officers whose employment or service commences prior to and continues on and after July 1, 1998, shall be exempt and excused from compliance with the training and certification provisions of this Code sec tion, but such persons shall be required to register with the council. Such registration shall remain in effect for the period of time such person is employed as a municipal pro bation officer. (d) Any person who registers with the council pursuant to this Code section shall not have such registration invalidated upon termination of employment or appointment as a municipal probation officer if subsequent employment or appointment as a municipal probation officer is commenced within 12 months of such prior termination of employ ment or appointment as a municipal probation officer. (e) Any municipal probation officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such municipal probation officer as equivalent to all or part of the instruction required for certification under this Code section. (f) The term 'municipal probation officer' as used in this Code section means only municipal probation officers employed directly by a municipality or consolidated govern ment and shall not include employees of private probation providers which contract with municipalities or consolidated governments in accordance with the provisions of Article 6 of Chapter 8 of Title 42; provided, however, that the term 'municipal probation officer" shall not include probation officers of any municipal corporation which conducts a train ing course for such officers if such training course is approved by the Georgia Peace Officer Standards and Training Council."
SECTION 4. This Act shall become effective on July 1, 1998.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Campbell of the 42nd, was read:

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 to require municipal probation offi cers to receive training and obtain certification; to provide for exceptions to the training and certification requirement; 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 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Offi cer Standard and Training Act," is amended by adding after Code Section 35-8-13 a new Code section, to be designated Code Section 35-8-13.1, to read as follows:
"35-8-13.1.

1068

JOURNAL OF THE HOUSE,

(a) Any person employed or appointed as a municipal probation officer on or after Jan uary 1, 1999, shall not be authorized to serve as a municipal probation officer unless such person has successfully completed a training course and received certification for municipal probation officers approved by the Georgia Peace Officer Standards and Training Council. (b) Persons applying for certification and persons certified by the council under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all of the requirements of a peace officer, except peace officer training requirements applicable to peace officers only. (c) Persons employed or serving as municipal probation officers whose employment or service commences prior to and continues on and after July 1, 1998, shall be exempt and excused from compliance with the training and certification provisions of this Code sec tion, but such persons shall be required to register with the council. Such registration shall remain in effect for the period of time such person is employed as a municipal pro bation officer. (d) Any person who registers with the council pursuant to this Code section shall not have such registration invalidated upon termination of employment or appointment as a municipal probation officer if subsequent employment or appointment as a municipal probation officer is commenced within 12 months of such prior termination of employ ment or appointment as a municipal probation officer. (e) Any municipal probation officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such municipal probation officer as equivalent to all or part of the instruction required for certification under this Code section. (f) The term 'municipal probation officer' as used in this Code section means only municipal probation officers employed directly by a municipality or consolidated govern ment and shall not include employees of private probation providers which contract with municipalities or consolidated governments in accordance with the provisions of Article 6 of Chapter 8 of Title 42; provided, however, that the term 'municipal probation officer' shall not include probation officers of any municipal corporation which conducts a train ing course for such officers if such training course is approved by the Georgia Peace Officer Standards and Training Council. (g) Any person who has completed the peace officer basic training course and is certified as a peace officer by the Georgia Peace Officer Standards and Training Council may serve as a municipal probation officer without obtaining the municipal probation officer training and certification required by this Code section."
SECTION 4. This Act shall become effective on July 1, 1998.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Mueller of the 152nd moves to amend the Floor substitute to HB 1216 as follows:
Strike line 32 p. 1 through but on line 3 p 2.

The Floor substitute, as amended, was adopted.

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

MONDAY, FEBRUARY 23, 1998

1069

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Alien YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon
Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childera
Clark YCoan Y Coleman, B N Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth E Cuminiiucs
N Davia, G Y Davia, M
YDay YDeLoach, B Y DeLoach, G
YDU YDtaon YDobbs N Dukes YEhrhart YEpps Y Evans EEverett Y Felton
Floyd Y Franklin
Golden Y Graves YGreene YGrindley Y Hammontree
Hanner Y Harbin
Y Heard YHecht Y Heckstall YHegstrom
Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
James Y Jamieson E Jenkins Y Johnson Y Johnston
Y Jones Y Joyce EKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas NMaddoi
YMann Y Manning
Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton McKinney Y Mills N Mobley YMosley Y Mueller YO-Neal YOrrock YParham

YParrish Parsons Pelote
Y Perry Y Pinholster YPoag YPolak
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
Scheid YScott E Shanahan YShaw YSherrill YShipp YSims N 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 YSnelling YSnow YStalUngs YStancil,F Y Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor ETeague YTeper
Thomas YTilhnan Y Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
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, as amended, the ayes were 142, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection.

Representative Walker of the 141st moved that the House adhere to its position in substituting SR 463 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, Smyre of the 136th and Lee of the 94th.

1070

JOURNAL OF THE HOUSE,

The Speaker Pro Tern assumed the Chair.

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

HB 1186.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedures relative to appeals to the superior court, so as to change procedures relative to appeals from the magistrate court to the superior court.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedures relative to appeals to the superior court, so as to change procedures relative to appeals from the magistrate court to the superior court or state court; to pro vide for bench trials of such appeals unless there is a demand for trial by jury or the court orders trial by jury; to provide for addition of such appeal to the next nonjury calendar; 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 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedures relative to appeals to the superior court, is amended by striking in its entirety Code Section 5-3-30, relating to the term of the trial in the superior or state court and waiver of trial by jury, and inserting in its place the following:
"5-3-30.
after the appeal has been entered tmtess geed cause is shewn tor continuance; provided, nowevorj tlicit tFi&i oy jury nnfly oc wflivcd Dy trie consent r Dotii pcu^tics td tncu uy wic eewrt without a jary as provided in Code Section 0-11-30. Upon the filing of an appeal from magistrate court to superior court or state court, the appeal shall be placed upon the court's next calendar for nonjury trial. Such appeals from the magistrate court to superior court or state court shall be tried by the superior court or state court without a jury unless either party files a demand for a jury trial within 30 days of the filing of the appeal or the court orders a jury trial."
SECTION 2. This Act shall become effective the first day of July following its approval by the Governor or becoming law without such approval and shall apply to appeals filed on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

MONDAY, FEBRUARY 23, 1998

1071

Alien Y Anderaon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
YBuck YBuckner YBunn YBurkhalter YByrd
Campbell Y Canty YCasb YChannell YChilders
Clark NCoan YColeman, B YColeman, T
Connell Y Cooper Y Crawford Y Crews

Y Culbreth E Cummuigs Y Davis, G Y Davis, M YDay
DeLoach, B YDeLoach, G YDii YDizon YDobbs Y Dukes
Ehrhart YEpps Y Evans EEverett YFelton
Floyd N Franklin Y Golden
Graves Greene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes
Y Houston Howard
Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson E Jenkins Y Johnson Y Johnston Y Jones N Joyce
EKaye 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
McKinney Y Mills
Y Mobley YMoeley Y Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas
Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott E Shanahan YShaw YSherrill
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 YStancil,F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West 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 151, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1565.

By Representatives Childers of the 13th, Orrock of the 56th, Smith of the 109th, Buckner of the 95th, McBee of the 88th and others:
A bill to provide for legislative findings and intent; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to venereal dis ease, so as to require coverage of chlamydia screening tests for certain females covered by individual or group accident and sickness insurance poli cies or managed care plans.

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

Alien Y Andenon YAshe Y Bailey N Bannister YBarfoot N Barnard YBaraes Y Bates Y Benefield YBirdsong N Bohannon Y Bordeaux N Bradford
Breedlove

N Bridges Y Brooks N Brown
YBuck Y Buckner NBunn N Burkhalter YByrd N Campbell
Y Canty Cash
YChannell Y Childers N Clark
NCoan

N Coleman, B Coleman, T Connell
Y Cooper N Crawford N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay
DeLoach, B YDeLoach, G NDii YDixon

YDobbs Y Dukes N Ehrhart YEpps N Evans E Everett Y Felton Y Floyd N Franklin N Golden Y Graves Y Greene N Grindley N Hammontree Y Banner

N Harbin Y Heard
Hecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes N Houston
Howard N Hudgens
Hudson, H Y Hudson, N Y Hugley Ylrvin

1072

JOURNAL OF THE HOUSE,

Jackson Y James Y Jamieson E Jenkins
Johnson Y Johnston Y Jones N Joyce NKaye NLadd NLakly YLane YLee N Lewis
Lord Y Lucas
Maddoi NMann
Manning Y Martin, J N Martin, J.L

YMassey YMcBee NMcCaU Y McClinton YMcKinney N Mills Y Mobley YMoeley N MueUer YO'Neal YOrrock YParham YParrish N Parsons Y Pelote Y Perry N Pinholster
YPoag YPolak Y Ponder Y Porter

Y Powell YPurceU YRagas YRandaU
Ray Reaves YReichert NRice N Richardson Y Roberts N Rogers Y Royal N Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan NShaw YSherriU YShipp

YSims YSinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, L.R N Smith, P Y Smith, T N Smith, V YSmyre NSnelling YSnow YStallings Y StancU, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague

YTeper Y Thomas YTillman N Titus N Tolbert NTrense YTurnquest YTwiggs Y Walker, L
N Walker, R.L Y Watson YWest N Westmoreland
Whitaker N Wiles Y Williams, B N Williams, J N Williams, R N Worthan NYates
Murphy, Spkr

On the passage of the Bill, the ayes were 94, nays 65. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Cash of the 108th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Coleman of the 142nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1071.

By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firemen's Pension Fund, so as to provide creditable service for cer tain prior service.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firefighters' Pension Fund, so as to provide creditable service for certain prior service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firefighters' Pension Fund, is amended by inserting at the end thereof the following:
"47-7-85. (a) As used in this Code section, the term 'prior eligible service' means service:
(1) Rendered by a member of the fund as a firefighter or volunteer firefighter; (2) Rendered without interruption from the date the member first became eligible to become a member up to the date he or she became a member; and (3) For which the member would otherwise have been eligible for credit if such mem ber had been a member of the fund at the time such service was rendered.

MONDAY, FEBRUARY 23, 1998

1073

(b) Any person who first became a member after July 1, 1991, shall be entitled to credit for not more than five years of prior eligible service, provided that such person satisfies the following requirements:
(1) The member files with the board on or before September 1, 1998, an application for such credit in the form prescribed by the board; (2) At the time of application for credit, the member pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with 5 percent interest thereon. (c) Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien YAndenon YAshe Y Bailey 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 Y Canty 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 DaTM, M YDay
DeLoach, B Y DeLoach, G YOU YDiion
YDobbs Y Dukes Y Ehrhart
YEpps Y Evans E Everett Y Felton YFloyd Y Franklin Y Colder. Y Graves Y Greene Y Grindley Y Hammontree YHanner Y Harbin Y Heard
YHecht YHeckstall
YHegstrom Henson
Y Holland
Y Holmes Y Houston
Howard YHudgens
Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson E Jenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
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 YO'Neal YOrrock
Parham

Y Fairish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas
Randall Ray Reaves Y Reichert YRice Y Richardson
Y Roberts 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.K 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 Stephens Y Taylor ETeague YTeper Y Thomas YTillman
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland
Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

1074

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 584. By Senators Land of the 16th, Harbison of the 15th and Hooks of the 14th:
A bill to provide supplements to the salaries of the judges of the superior courts of the Chattahoochee Judicial Circuit from certain counties within the circuit; to provide the amount and method of payment of such supplements; to provide the amount of such supplements which certain counties within the circuit shall pay; to provide that such supplements shall be expenses of the superior courts; to provide an effective date.

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

Alien YAnderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Cash
Y Channel!
Y Childers Y Clark YCoan
Y Coleman, B YColeman, T
Council Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G
Dix YDixon
YDobbs Y Dukes YEhrhart YEpps Y Evans EEverett
Felton YFloyd Y Franklin Y Golden Y Graves YGreene
Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegsttom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson E Jenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly YLane YLee Y Lewis YLord
Lucas Maddoz YMann
Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons YPelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandaU
Ray Reaves Y Reichert YRice
Y Richardson
Y Roberts Rogers
Y Royal Sanders
Y Sauder YScarlett
Scheid Y Scott Y Shanahan YShaw YSherrUl YShipp YSims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, wi

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 Stephens Y Taylor ETeague YTeper Y Thomas YTiUman Y Titus Y Tolbert
Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest
Westmoreland Whitaker Y Wiles Williams, B YWiUiams, J Y Williams, R Y Worthan YYates Murphy, Spkr

The Speaker assumed the Chair.

The following Resolution of the House was read:

HR 1165. By Representatives Walker of the 141st, Lee of the 94th, Coleman of the 142nd, Skipper of the 137th, Smyre of the 136th and others

MONDAY, FEBRUARY 23, 1998

1075

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless other wise provided by subsequent joint resolution, the schedule for the remainder of the 1998 regular session of the General Assembly shall be as follows:
(1) The General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, February 24, 1998, and shall reconvene on Thursday, February 26, 1998;
(2) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, February 27, 1998, and shall reconvene on Monday, March 2, 1998;
(3) The General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, March 3, 1998, and shall reconvene on Thursday, March 5, 1998;
(4) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, March 6, 1998, and shall reconvene on Monday, March 9, 1998;
(5) The General Assembly shall adjourn at the conclusion of the legislative day on Tuesday, March 10, 1998, and shall reconvene on Thursday, March 12, 1998;
(6) The General Assembly shall adjourn at the conclusion of the legislative day on Friday, March 13, 1998, and shall reconvene on Monday, March 16, 1998;
(7) The General Assembly shall adjourn at the conclusion of the legislative day on Monday, March 16, 1998, and shall reconvene on Wednesday, March 18, 1998; and
(8) The General Assembly shall adjourn sine die at midnight on Thursday, March, 19, 1998, unless an earlier hour is fixed by subsequent joint resolution.
BE IT FURTHER RESOLVED that, except with respect to adjournment sine die, the hour for adjourning and reconvening the Senate on any day may be as ordered by the Sen ate; and the hour for adjourning and reconvening the House of Representatives on any day may be as ordered by the House.

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

Alien YAnderson YAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash YChannell Y Guilders

Y Clark Y Coan YColeman, B Y Coleman, T Y ConneU Y Cooper Y Crawford Y Crem Y Culbreth Y Cummings Y DaTM, G Y DaTM, M Y Day Y DeLoach, B Y DeLoach, G Y Dil Y Dtaon Y Dobbe Y Dukes Y Ebrhart Y Epps N Evans E Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves

Y Greene Grindley
Y Hammontree Y Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson E Jenkins Y Johnson YJohnston Y Jones Y Joyce Y Kaye

Y Ladd N Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas Y Maddoi Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley Y Mosley Y MueUer Y O'Neal Y Orrock Y Paiham Y Parrish Y Parsons Y Pelote Y Perry

Y Pinholster Y Pong Y Polak Y Ponder Y Porter Y PoweU Y PurceU 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

1076

JOURNAL OF THE HOUSE,

Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith,? Y Smith, T N Smith, V

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

Y Stephens Y Taylor
E Teague Y Teper Y Thomas Y TUlman Y Titus Y Tolbert

Y Trerme Y Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland

Whitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Worthan N Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 164, nays 4. The Resolution was adopted.

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

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 Anno tated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the State Construction Industry Licensing Board to issue cease and desist orders to prohibit persons from violating certain provisions of said chapter relating to the business or profession of a conditioned air con tractor; to provide for civil penalties; to provide for judicial review; to provide that certain commercial vehicles used in violation of the provisions of said chapter relating to the busi ness or profession of a conditioned air contractor and in violation of a cease and desist order of the board shall be contraband and subject to forfeiture and confiscation; to pro vide for enforcement; to provide procedures for confiscation and sale of contraband prop erty; to provide for notice of actions; to provide for defenses; to provide for the distribution of proceeds from the sale of contraband; to provide for jurisdiction; to make it unlawful for any individual or entity properly licensed as a conditioned air contractor to employ or contract for the services of any unlicensed individual or entity to perform any work or service which is required to be performed by certain licensed individuals or entities; to provide for cease and desist orders to prohibit such unlawful activities; to pro vide for civil penalties; to provide that nothing contained in this Act shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by the district attorney; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding between Code Sections 43-14-12 and 43-14-13 a new Code Section 43-14-12.1 to read as follows:
"43-14-12.1.

MONDAY, FEBRUARY 23, 1998

1077

(a) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor without a license as required under this chapter. (b) The violation of any cease and desist order of the board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation. (c) Initial judicial review of the decision of the board entered pursuant to this Code sec tion shall be available solely in the superior court of the county of domicile of the per son against whom the cease and desist order was issued.
(d)(l) Upon any violation of a cease and desist order of the board issued under sub section (a) of this Code section, the board shall be authorized to order investigators provided for in Code Section 43-1-5 or to request a law enforcement agency to seize any commercial vehicle titled to the unlicensed person which is used in the violation of the provisions of this chapter relating to and involving the business or profession of a conditioned air contractor. Any such commercial vehicle which is used in violation of a cease and desist order is declared to be contraband subject to forfeiture and con fiscation and seizure by any peace officer. A peace officer who seizes a commercial vehicle under the provisions of this paragraph shall hold or cause to be held such vehicle for a period of 30 days. Upon payment of all fines and charges associated with the violation of the cease and desist order and storage of such vehicle, said vehicle shall be returned to the owner. If such charges or fines remain unpaid on the thirtyfirst day following the seizure, the peace officer shall forthwith deliver such property to the district attorney whose circuit includes the county in which the seizure is made or to the district attorney's duly authorized agent within 40 days of the seizure. In the event such unlicensed person violates a subsequent cease and desist order, such commercial vehicle shall not be held as provided in this paragraph, but shall be deliv ered to the appropriate district attorney to institute proceedings as provided for in paragraph (2) of this subsection.
(2) The district attorney whose circuit includes the county in which the seizure is made, within 60 days after the seizure of any illegal commercial vehicle, shall institute proceedings by petition in the superior court of any county where the seizure was made against the commercial vehicle so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee, or person or persons having custody or possession of such property at the time of seizure, is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriffs advertisements of the county are published. Such publi cation shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as in other civil cases. Should any commercial vehicle be found to be illegal within the sense of this chapter, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his or her order may direct. The proceeds arising from such sale shall be applied:
(A) To the payment of proper costs and expenses, including expenses incurred in the seizure;
(B) To the payment of the cost of the court and its officers;
(C) To the payment of any cost incurred in the storage, advertisement, mainte nance, or care of such property; and
(D) If any money remains, one-half of such proceeds to the general funds of the municipality where the violation occurred or to the county if the violation occurred

1078

JOURNAL OF THE HOUSE,

in the unincorporated area of a county and one-half to the law enforcement agency which seized the equipment. (3) Where the owner or lessee of any commercial vehicle seized for purpose of con demnation shall abscond or conceal himself or herself so that the actual notice of the condemnation proceedings cannot be served upon such person, such person shall be served by publication as is provided in this subsection in the case of an unknown owner or lessee. (4) All proceedings against any alleged illegal commercial vehicle for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is the intent and purpose of the procedure pro vided by this subsection to provide a civil remedy for the condemnation and sale of contraband property. (5) Any party at interest may appear, by answer under oath, and make his or her defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, les see, security interest holder, or lienholder. The holder of any bona fide lien on or secu rity interest in the property shall be protected to the full extent of his or her lien or security interest, respectively; provided, however, that nothing contained in this sub section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by the district attorney. (e)(l) It shall be unlawful for any individual or entity properly licensed under this chapter as a conditioned air contractor to employ or contract for the services of any unlicensed individual or entity to perform any work or service which is required by this chapter to be performed by a licensed individual or entity. After notice and hear ing, the board may issue a cease and desist order prohibiting any licensed conditioned ah- contractor from employing or contracting for the services of any unlicensed indi vidual or entity in violation of this paragraph. (2) The violation of any cease and desist order of the board issued under paragraph (1) of this subsection shall subject the person violating the order to further proceed ings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each violation thereof. Each day that a person practices in viola tion of this subsection and chapter shall constitute a separate violation, (f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Alien
NAndereon Y Aihe
Y Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford

Breedlove
Y Bridges Y Brooks
Y Brown Y Buck YBuckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Cash Y ChanneU Y Childers

Y Clark
Coon Y Coleman, B
Y Coleman, T Y Cornell 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
Y Dobbs Y Dukes Y Ehrhart
Kpps Evans E Everett Y Felton Y Floyd N Franklin Y Golden Y Graves

Y Greene
N Grindley Y Hammontree
Y Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom
Henson N Holland Y Holmes Y Houston Y Howard

MONDAY, FEBRUARY 23, 1998

1079

Hudgens Y Hudson, H Y Hudson, N YHugley
Irvin Y Jackson Y James Y Jamieson EJenkins Y Johnson Y Johnston Y Jones N Joyce
Kaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddoi

YMann Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton McKinney Y Mills Y Mobley YMosley YMueller Y O'Neal
YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag

YPolak N Ponder Y Porter Y Powell YPurcell YRagas YRandall
Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett YScheid YScott
Y Shanahan
YShaw

YSherriU YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
N Smith, P Smith, T
N Smith, V YSmyre YSnelling YSnow YStallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor

ETeague YTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest Y Westmoreland
Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 1064. By Representative Whitaker of the 7th: A resolution designating the Reverend Joseph Edward Grizzle Bridge.

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

Alien Y Andersen YAshe Y Bailey
Bannister YBarfoot Y Barnard YBames Y Bates Y Benetield YBirdsong YBohannon
Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConnell

Y Cooper YCrawford Y Crews
Culbreth Y Cununings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dizon YDobbs Y Dukes YEhrhart
Epps Evans E Everett Y Felton YFloyd Y Franklin Y Golden
Y Graves YGreene Y Grindley Y Hammontree YHanner Y Harbin
Y Heard YHecht YHeckstall YHegstrom
Henson

Y Holland Y Holmes
Y Houston Y Howard
Hudgens Y Hudson, H Y Hudson, N YHugley
Irvin Y Jackson
Y James Y Jamieson EJenkins Y Johnson Y Johnston Y Jones Y Joyce
YKaye YLadd YLakly YLane YLee YLewis
YLord Y Lucas
Maddoi YMann
Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall

McClinton McKinney Y Mills Y Mobley YMoeley Y MueUer O'Neal
YOrrock YParham YParriah Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak Y Ponder
Y Porter Y Powell YPurceU YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett

YScheid YScott Y Shanahan
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
Smith, V YSmyie YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTilhnan
Y Titus Y Tolbert YTrense

1080

JOURNAL OF THE HOUSE,

YTurnquest YTwiggs Y Walker, L

Y Walker, R.L Y Watson Y West

Westmorland Whitaker Y WUen

Williams, B Y Williams, J Y Williams, R

Y Worthan Y Yates
Murphy, Spkr

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

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1424.

By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Walker of the 141st and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for income tax pur poses, so as to increase the amount of retirement income exclusion.

The following Senate amendment was read:

Amend HB 1424 by striking on page 2 line 3 "13,000" and adding in its place "14,000".

Representative Birdsong of the 123rd moved that the House disagree to the Senate amendment to HB 1424.
The motion prevailed.

Representative Lee of the 94th assumed the Chair.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

Representative Purcell of the 147th District, Secretary of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1638 Do Pass, by Substitute SB 500 Do Pass
Respectfully submitted, Is/ Purcell of the 147th
Secretary

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

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

MONDAY, FEBRUARY 23, 1998

1081

HB 203 Do Pass, by Substitute HB 661 Do Pass, by Substitute

HB 1103 Do Pass, by Substitute SB 558 Do Pass
Respectfully submitted, /a/ Cummings of the 27th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1094 Do Pass HB 1603 Do Pass

HB 1635 Do Pass SB 573 Do Pass, by Substitute

Respectfully submitted, M Royal of the 164th
Chairman

Representative Lee of the 94th announced the House in recess subject to call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

1082

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 24, 1998

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 Representatives Earl Ehrhart of the 36th and Jimmy Skipper of the 137th.
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 Resolution of the House were intro duced, read the first time and referred to the committees:
HB 1753. By Representatives Culbreth of the 132nd, Buck of the 135th, Taylor of the 134th, Smyre of the 136th, Hugley of the 133rd and others: A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to the provision of capital outlay funds to local school systems under the "Quality Basic Education Act," so as to remove a certain limita tion regarding advance funding for construction projects to consolidate or reorganize schools.
Referred to the Committee on Education.
HB 1754. By Representatives Wiles of the 34th, Bradford of the 30th, Grindley of the 35th, Barnes of the 33rd, Ehrhart of the 36th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of senior district attorneys, assist ant district attorneys, and the chief assistant district attorney.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 24, 1998

1083

HB 1755. By Representatives Harbin of the 113th and Williams of the 114th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that in counties where the county site is located in an unincorporated area and certain other conditions are met, sessions of superior and state court may be held at a courthouse annex and records of the superior court clerk may be kept at such annex; to allow the probate judge to have an office in such annex; to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated.
Referred to the Committee on Special Judiciary.

HB 1756. By Representative Martin of the 145th:
A bill to amend an Act creating the Metter-Candler County Airport Author ity, so as to change the terms of the members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1757. By Representative McCall of the 90th:
A bill to amend an Act providing for the election of members of the Board of Education of Lincoln County, so as to provide, if approved by the voters of Lincoln County, for nonpartisan primaries and elections for members of the Board of Education of Lincoln County beginning with the primaries and elections to be held in the year 2000.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1758. By Representative Smith of the 103rd:
A bill to amend an Act providing a new board of commissioners of Heard County, so as to provide for cost-of-living and longevity increases.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1759. By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to provide for four-year terms of office for the mayor and aldermen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1760. By Representatives West of the 101st and Stallings of the 100th: A bill to create the Carroll County Family Connection Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1761. By Representatives Bradford of the 30th, Wiles of the 34th, Sauder of the 29th, Barnes of the 33rd, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

1084

JOURNAL OF THE HOUSE,

HB 1762. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A bill to amend an Act providing a new charter for the City of Stockbridge, so as to change the corporate boundaries of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1763. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to create the Dublin-Laurens County Commission on Children, Youth, and Families.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1764. 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 provide for a full-time solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1765. By Representatives Parsons of the 40th, Shipp of the 38th, Bradford of the 30th, Cooper of the 31st, Manning of the 32nd and others:
A bill to amend Code Section 50-17-29 of the Official Code of Georgia Anno tated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide that such exemptions shall apply to certain local taxes; to provide for conditions and limitations.
Referred to the Committee on Ways & Means.

HB 1766. By Representatives Teper of the 61st and Henson of the 65th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to require public or private suppliers of garbage collection services to seek reimbursement for unpaid charges only from the person who incurred the charges.
Referred to the Committee on State Planning & Community Affairs.

HB 1767. 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 1768. By Representative Massey of the 86th: A bill to create the City of Winder Public Facilities Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1769. By Representative Shanahan of the 10th:
A bill to amend Code Section 44-6-60 of the Official Code of Georgia Anno tated, relating to the nature of estates in remainder and in reversion, so as to provide that an estate in reversion shall terminate if there has been no reversion within 50 years.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 24, 1998

1085

HB 1770. By Representative Wiles of the 34th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to landlords and tenants, so as to permit leases for commercial space to include a provision accelerating the rent upon default by the tenant.
Referred to the Committee on Judiciary.

HB 1771. By Representative Wiles of the 34th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for requests that a hearing, trial, or other proceed ing be held before an elected judge of the superior or state court, as the case may be.
Referred to the Committee on Judiciary.

HB 1772. By Representative Lord of the 121st:
A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to change certain provisions relating to the compensation rates for mem bers of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1773. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1774. By Representative Byrd of the 170th:
A bill to amend Code Section 1-2-1 of the Official Code of Georgia Anno tated, relating to classes of persons, so as to provide for the sexes of persons and the meaning of "gender".
Referred to the Intra-Governmental Coordination.

HR 1154. By Representative McCall of the 90th: A resolution designating the Don Saggus, Jr., Memorial Bridge.
Referred to the Committee on Transportation.

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

HB 1745 HB 1746 HB 1747 HB 1748 HB 1749 HB 1750 HB 1751 HB 1752 HR 1164

SB 407 SB 440 SB 463 SB 560 SB 615 SB 646 SB 651 SB 644

1086

JOURNAL OF THE HOUSE,

Pursuant to Rule 52, Representative DeLoach of the 172nd moved that the following Bill of the Senate be engrossed:

SB 644. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of Senate districts 3 and 6; to provide for related matters; to provide for effective dates and for applicability.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 485 Do Pass, by Substitute HB 1244 Do Pass, by Substitute HB 1639 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1664 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1732 Do Pass HB 1733 Do Pass, as Amended HB 1735 Do Pass
HB 1736 Do Pass

HB 1737 Do Pass HB 1742 Do Pass HB 1744 Do Pass

TUESDAY, FEBRUARY 24, 1998

1087

Respectfully submitted, M Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 24, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enu merated below:
HB 884 Education loans; failure to pay; deny certain occupation licenses HB 1408 HMOs; allow marketing to Medicaid recipients HB 1444 Commercial crabbing license; amend provisions HB 1490 Turner County peanut monument; designate official monument HB 1493 Parolees & probationers; cert crimes; bailable before superior ct HB 1513 Income tax; qualified caregiving expenses; provide for credit HB 1522 Intangible recording tax; clerk of superior court collect HB 1532 Hunting; disabled persons; allow crossbow for all game HB 1540 Zoning; development rights; provide for transfer HB 1542 Property; certain sales by city or county employee; prohibit HB 1550 Loc govt; school construction; transfer of property to bds of ed HB 1552 North Georgia College; certain students; scholarship grants HB 1640 Lifetime sportsman's license; Wildlife Endowment Fund; establish
HR 847 David P. Ridgeway, Sr., 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 considera tion and read the third time:

HB 1732. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.

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

HB 1733. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act creating a new charter for the City of Homeland in Charlton County, so as to change the corporate limits of the city.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB 1733 by striking "1908" and inserting in lieu thereof "1906" from line 11 of page 2.

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JOURNAL OF THE HOUSE,

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

HB 1735.

By Representative Porter of the 143rd:
A bill to amend an Act reconstituting the Board of Education of the City of Dublin, so as to change the provisions relating to per diem compensation of members of the board.

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

HB 1736.

By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.

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

HB 1737.

By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to provide for an advisory referendum election to be held in Floyd County for the purposes of ascertaining if the consolidation of Floyd County and the City of Rome is desired by the people of said county.

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

HB 1742. By Representative Parrish of the 144th: A bill to provide a new charter for the City of Stillmore.

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

HB 1744.

By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the 40th, Bradford of the 30th, Cooper of the 31st and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the 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.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.

TUESDAY, FEBRUARY 24, 1998

1089

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Alien YAndenon YAshe
Bailey YBannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohanoon
Bordeaux Y Bradford YBreedlove Y Bridge!
Y Brooks Y Brown
Buck Buckner
YBunn Y Burkhalter YByrd Y Campbell
Y Canty YCash Y Channel!
YChilden Y Clark
Coan YColeman, B YColeman,T YConnell Y Cooper YCrawford Y Crews

YCulbretb Y Cummings Y Davi, G YDavis,M
Day YDeLoach, B YDeLoach, G
Dix
YDixon YDobbs
Dukes YEhrhart YEpps YEvans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegBtrom
Henson Y Holland
Holme. Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley
Irvin Y Jackson Y James
Jamieson Y Jenkins Y Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Lucas Maddoi YMann Y Mfinning Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Mobley YMosley Y Mueller YO'Neal Orrock YParham

Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Poag YPolak
Ponder Porter YPowell YPurcell Ragas Randall YRay
Reaves Reichert YRice Richardson Y Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid YScott YShanahan YShaw YSherrill 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
Smyre YSneUing YSnow YStallings
Stand], F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor ETeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Walker, L Y Walker, R.L Y Watson YWest Westmorland Whi taker Y Wiles Williams, B Y Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the passage of the Bills, the ayes were 136, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Parrish of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

SB 128. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 47-7-1 of the Official Code of Georgia Anno tated, relating to definitions relative to the Georgia Firemen's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to provide conditions for an effective date and automatic repeal.

SB 538. By Senator Tysinger of the 41st:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident reparations, so as to prohibit regis tration or maintenance of registration of certain motor vehicles not having required liability insurance; to provide for requests for information regarding required motor vehicle liability insurance and verification of responses using random sampling.

1090

JOURNAL OF THE HOUSE,

HB 395. By Representative Ashe of the 46th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Anno tated, 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 practi tioner of the healing arts, hospital, or health care facility.

HB 1270. By Representatives Twiggs of the 8th, Poag of the 6th, Johnston of the 81st and others:
A bill to amend Article 2 of Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to minimum requirements for local fire depart ments, so as to change the provisions relating to notification that an organi zation meets requirements to function as a fire department.

HB 1306. By Representative Polak of the 67th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that a defendant charged with theft by receiving stolen property or possession of a firearm by a convicted felon or first offender probationer may be tried upon an accusa tion in certain circumstances.

HB 1502. By Representatives DeLoach of the 172nd and Tillman of the 173rd:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain House districts.

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

SR 588. By Senator Griffin of the 25th:
A resolution designating the Bobby Eugene Parham Food Service Facility at Central State Hospital.

HR 842. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funds for the control, management, and eradication of the red imported fire ant.

HR 843. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funding for the research and eradication of the Tomato Spotted Wilt Virus in Georgia.

TUESDAY, FEBRUARY 24, 1998

1091

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

HB 88. By Representatives Buck of the 135th, Barnes of the 33rd, Lee of the 94th and others:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Anno tated, 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.

HB 1337.

By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Anno tated, relating to the enforcement of state minimum standard building codes, so as to change the provisions relating to the requirement that certain infor mation be printed on county and municipal building permits.

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

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.

SB 590. By Senators Cheeks of the 23rd, Scott of the 36th, Brown of the 26th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to provide that no person shall accept any check or similar instrument as collateral for any value less than the face value of the check; to provide penalties.

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

SB 128. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 47-7-1 of the Official Code of Georgia Anno tated, relating to definitions relative to the Georgia Firemen's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to provide conditions for an effective date and automatic repeal.
Referred to the Committee on Retirement.

SB 538. By Senator Tysinger of the 41st:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident reparations, so as to prohibit regis tration or maintenance of registration of certain motor vehicles not having required liability insurance; to provide for requests for information regarding required motor vehicle liability insurance and verification of responses using random sampling.
Referred to the Committee on Motor Vehicles.

1092

JOURNAL OF THE HOUSE,

SR 588. By Senator Griffin of the 25th:
A resolution designating the Bobby Eugene Parham Food Service Facility at Central State Hospital.
Referred to the Committee on State Institutions & Property.

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

HR 1167.

By Representative Twiggs of the 8th:
A resolution commending Coach Terry Rogers and the Union County High School boy's basketball team; inviting Coach Rogers and the team to appear before the House of Representatives.

HR 1169. By Representatives Stallings of the 100th and West of the 101st:
A resolution commending Jamie Price Lipscomb and inviting her to appear before the House of Representatives.

HR 1170.

By Representatives Smith of the 103rd, Hudson of the 120th, Crawford of the 129th, Manning of the 32nd, Jamieson of the 22nd and others:
A resolution expressing best wishes to Beth Durden and Scott Green and inviting them to appear before the House of Representatives.

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

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

HR 1165. By Representatives Walker of the 141st, Lee of the 94th, Coleman of the 142nd and others:
A resolution relative to adjournment.

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 1640.

By Representatives Lane of the 146th, Dobbs of the 92nd, Hanner of the 159th, Shaw of the 176th, Barfoot of the 155th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to licenses, permits, and stamps generally, so as to provide for the creation of a lifetime sportsman's license; to set fees for such a license; to establish eligibility criteria; to provide for penalties for fraudulent acquisi tion of such a license; to establish the Wildlife Endowment Fund.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide for the creation of a lifetime

TUESDAY, FEBRUARY 24, 1998

1093

sportsman's license; to set fees for such a license; to establish eligibility criteria; to provide for penalties for fraudulent acquisition of such a license; to establish the Wildlife Endow ment Fund; to modify provisions relating to honorary licenses; to provide for related mat ters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, per mits, and stamps generally, is amended by adding at the end of Code Section 27-2-3.1, relating to archery and firearms combination hunting license, sportsman license, and license card carrier requirement, new subsections (e) through (j) to read as follows:
"(e) The requirements in this title for procuring any license, stamp, or permit for non commercial hunting and fishing privileges shall be satisfied by a resident who procures a lifetime sportsman's license. An applicant for such license shall, prior to the issuance of the license, provide satisfactory evidence of residency. For purposes of procuring a lifetime sportsman's license, the term 'residency' means a domicile within Georgia for a minimum of 12 consecutive months immediately prior to procuring such license. Satis factory evidence of residency shall consist of a current Georgia driver's license or official Georgia identification card issued by the Department of Public Safety and at least one of the following:
(1) A voter registration card; (2) A copy of the prior year's Georgia income tax return; (3) A current Georgia automobile registration; or (4) A warranty deed to property at the same address as is displayed on the Georgia driver's license. Minors under 18 years of age shall be presumed to be residents upon proof of parent's residency as provided for in this Code section. For purposes of procuring the Type I (Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required. (f) Lifetime sportsman's licenses and fees shall be as follows: (1) Type I (Infant), available only to those individuals under two years of age: $200.00; (2) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (3) Type A (Adult), available to those individuals 16 years of age or older: $500.00; and (4) Type S (Senior), available to those individuals 64 years of age or older: $30.00. (g) Lifetime sportsman's licenses shall be valid for the lifetime of the purchaser. Change of residency to another state shall not affect the validity of the lifetime license when hunting or fishing in Georgia. (h) Any person who knowingly attempts to purchase a lifetime sportsman's license by fraudulent means shall be guilty of a misdemeanor. Upon conviction, in addition to other penalties as provided for by law, his or her lifetime license shall be revoked by operation of law without refund of any fees paid. (i) Upon payment of a replacement fee up to $10.00, any lifetime sportsman's license may be replaced if lost, stolen, or destroyed, provided that the applicant's name and lifetime license number are in the records of the department. Replacement fees for all other licenses shall be $3.00 per transaction, regardless of the number of licenses being replaced in a given transaction. (j) Once a lifetime license is issued, no refunds of fees will be made except in the case of the death before age 16 years of a Type I (Infant) lifetime license holder or a Type Y (Youth) license holder, in which case a full refund of fees collected may be made upon submission of the lifetime license and any other documentation required by the depart ment."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 27-2-4, relating to honorary hunting and fishing licenses, and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"27-2-4.
(a) The department shall issue a lifetime an honorary hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of any fee whatsoever fees described in Code Section 27-2-23. to each resident:
(1) Who has attained the age of 65 before January 1, 2000, and who applies to the department for such license; or (2) Who is permanently and totally disabled. For purposes of this Code section, a per manent, total disability shall be a physical or mental impairment of a total and per manent nature which prevents gainful employment and which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled because of a mental impairment shall be issued an honorary fishing license only. Persons issued an honorary license under disability provisions shall renew such licenses and recertify their eligibility for such licenses every three years; provided, however, that honorary licenses in effect as of July 1^ 1998, shall not require renewal. (b) Any resident who is totally blind and who applies to the department shall receive a lifetime honorary fishing license which shall entitle the holder thereof to fish in this state without the payment of any fee whatsoever. (c) Any person holding a valid honorary license pursuant to this Code section shall not be required to obtain the trout stamp and big game license otherwise required by Code Section 27-2-6. (d) All honorary hunting and fishing licenses are subject to all wildlife laws, rules, and regulations with the exception of the provisions requiring the payment of fees described in Code Section 27-2-23 for such licenses. Such honorary licenses may be revoked in accordance with this title. It shall be unlawful for any person who has an honorary hunt ing and fishing license to permit the use of same by any other person. It shall also be unlawful for any person who is not entitled to an honorary hunting and fishing license to use such a license or for any totally and permanently disabled person issued such a license to possess or use such license when the disability is no longer total or permanent. Licenses for the totally and permanently disabled may, upon a determination that the disability is no longer total or permanent, be revoked until such time as the disability is again total and permanent. (e) The bea*d commissioner is authorized to make and enter into agreements from time to timej with the proper authorities of various states of the United States regarding non resident hunting and fishing license fees for persons 65 years of age or older; so as to provide honorary hunting and fishing licenses to be issued without charge to nonresi dents 65 years of age or older before January l^ 2000. where such practice is reciprocated for Georgia residents in that person's state of residence."
SECTION 3. Said chapter is further amended by adding a new Code Section 27-2-30 to read as follows:
"27-2-30.
(a) The General Assembly recognizes that lifetime sportsman license purchasers expect and are entitled to assurance that funds for such licenses will be used throughout their life expectancy to provide quality hunting and fishing experiences. Therefore, the Gen eral Assembly declares its intent that lifetime licenses yield annual revenue in perpetuity for the support of wildlife management programs of the department and recognizes that annual income generation is necessary for these licenses to be included in apportionment formulas for federal fish and wildlife funding. (b) In recognition of its obligations to lifetime sportsman license purchasers, the General Assembly directs the department to establish a fund known as the Wildlife Endowment Fund for receipt of funds of an amount equal to that generated by the sale of lifetime sportsman licenses listed in subsection (e) of Code Section 27-2-3.1. Further, the General Assembly declares its intent to appropriate to the Wildlife Endowment Fund each fiscal year an amount equal to that generated by the prior year's sales of lifetime licenses. The

TUESDAY, FEBRUARY 24, 1998

1095

fund is also authorized to accept contributions from private individuals and entities. All funds appropriated and those contributed to the Wildlife Endowment Fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. (c) The commissioner of natural resources shall be the trustee of the Wildlife Endow ment Fund with full authority over the administration of the fund. The director of the Office of Treasury and Fiscal Services shall be the custodian of the Wildlife Endowment Fund and shall invest its assets in accordance with Georgia laws and shall report to the department the annual income and contributions to the fund. The intent of the General Assembly is that such income from the fund be appropriated annually to the depart ment for the purposes stated in subsection (d) of this Code section. (d) The Wildlife Endowment Fund constitutes a special trust derived from a contractual relationship between the state and the members of the public whose lifetime license pur chases contribute to the fund. In recognition of such special trust, the following limita tions and restrictions are placed on expenditures from the fund:
(1) No expenditures or disbursements from appropriations equivalent to the income or proceeds derived from the sales of Types I and Y lifetime sportsman's licenses shall be made for any purpose until the respective holders of such licenses attain the age of 16 years. The director of the Office of Treasury and Fiscal Services, as custodian of the fund, shall determine actuarially from time to time the amount of such pro ceeds which remains encumbered by and the amount of such proceeds which is free of this restriction and shall advise the commissioner of such information. For such purposes, the commissioner shall cause the amount of proceeds from Type I licenses to be identified and proceeds from Type Y licenses to be accompanied by information as to the ages of the license recipients; (2) No expenditure or disbursement may be made from the principal and interest of the fund except as otherwise provided by law; (3) The principal and interest of the fund must be spent only for the conservation and management of wildlife and fisheries resources and the acquisition of habitat upon which such resources are dependent; (4) The trustee of the Wildlife Endowment Fund may accumulate the income of the fund and may direct expenditures from the income of the fund; and (5) Expenditure of the income derived from the fund must be made with the approval of the trustee in accordance with the provisions of the General Appropriations Act. The fund is subject to the oversight of the director of of the Office of Treasury and Fiscal Services. (e) The fund and income from it do not take the place of other state appropriations or agency receipts but are supplemental to other funds and appropriations made available to the department for carrying out its responsibilities under this title. (f) If the Department of Natural Resources is dissolved, the chief executive officer of the succeeding agency shall assume the trusteeship of the fund and shall be bound by all the limitations and restrictions placed by this Code section on expenditures from the fund. No repeal or modification of this Code section alters the fundamental purposes to which the fund is applied. No future dissolution of the Department of Natural Resources or substitution of any agency in its stead shall invalidate any lifetime license issued in accordance with this title."
SECTION 4. This Act shall become effective April 1, 1999.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Joyce of the 1st moves to amend the Committee substitute to HB 1640 by inserting between lines 10 and 11 of page 6 the following:

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JOURNAL OF THE HOUSE,

"(4) No such habitat acquired with money from the fund shall be voluntarily trans ferred to the federal government or any international agency or organization.".
By renumbering paragraphs (4) and (5) as paragraphs (5) and (6), respectively, on lines 11 and 14 of page 6.

The Committee substitute, as amended, was adopted.

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

Alien Andenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaroes Y Bates Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash YChannell
Y Childen Y Clark
YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth
Y Cumminga
Y Davis, G YDavis, M YDay YDeLoach, B YDeLoach,G YDii YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YBverett YFelton YFloyd Y Franklin
Y Golden Y Graves YGnene
Grindley Y Hammontree Y Manner
Y Harbin Y Heard YHecht
YHeckstaU YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
James YJamieson Y Jenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoz YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills
Mobley YMosley YMueller YO-Neal YOrrock YParham

YParrish Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YKay
Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett
Scheid YScott Y Shanahan YShaw YShenill 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 YSnelling YSnow YStallings YStancil,F YStancU, S Y Stanley, L
Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTUlman Y Titus YTolbert YTrense
Turnquest
YTwiggs Y Walker, L Y Walker, RL Y Watson 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, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Scheid of the 17th 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 1540.

By Representatives Stancil of the 16th, Royal of the 164th, Pinholster of the 15th and Smith of the 12th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, "The Zoning Procedures Law," so as to provide for the transfer of development rights.

TUESDAY, FEBRUARY 24, 1998

1097

The following Committee substitute was read and adopted:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the transfer of development rights; to provide for definitions; to pro vide for requirements and procedures; 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 adding a new chapter immediately following Chapter 66, to be designated Chapter 66A, to read as follows:
"CHAPTER 66A
36-66A-1. As used in this chapter, the term:
(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allo cated in accordance with factors including dwelling units, area, floor area, floor area ration, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section. (2) 'Person' means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity. (3) 'Receiving property' means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property. (4) 'Sending property' means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; recreation areas or parkland, including golf course areas; or land that has unique aes thetic, architectural, or historic value that a municipality or county desires to protect from future development. (5) "Transfer of development rights' means the process by which development rights from a sending property are affixed to one or more receiving properties.
36-66A-2. Pursuant to the provisions of this Code section, the governing body of any municipality or county by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of development rights from the sending property shall be subject to the notice and hearing requirements of Code Section 36-66-4. Any proposed transfer of development rights to the receiving property shall be subject to the notice, hearing, and signage requirements, if any, of the municipality having jurisdiction over the receiving property or, if no municipality has such jurisdiction, the county having jurisdiction over the receiving property as required by such local governing authority for rezoning. Any proposed transfer of development rights shall be subject to the approval and consent of the property owners of both the sending and receiving property and shall be subject to a separate vote of approval or disapproval by the local governing authority. Prior to any transfer of development rights, a municipality or county shall adopt an ordinance providing for:

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(1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders; (2) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner; (3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property; (4) The purchase, sale, exchange, or other conveyance of transferable development rights prior to the rights being affixed to a receiving property; (5) A system for monitoring the severance, ownership, assignment, and transfer of transferable development rights; (6) The right of a municipality or county to purchase development rights and to hold them for conservation purposes or resale; (7) The right of a person to purchase development rights and to hold them for conser vation purposes or resale; and (8) Such other provisions as the municipality or county deems necessary to aid in the implementation of the provisions of this chapter."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Men Andenon
YAshe Bailey
YBumiaUr
YBarfoot Y Barnard YBames Y Bates
Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks Y Brown
YBuck YBuckner YBunn Y Burkhalter
Y Byrd Y Campbell
Y Canty YCash YChanneU YChilders Y Clark YCoan Y Coleman, B
Coleman, T Y Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y CununingB Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G
YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YPelton
YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall
Hegstrom YHenson
Holland Y Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ybvin Y Jackson
James Y Jamieson YJenkins 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
Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas YRandall
Ray Reaves
YReichert
YRice Y Richardson Y Roberts Y Rogers
Royal Sanders Y Sauder YScarlett Scheid Y Scott Y Shanahan YShaw YSherrill 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 Smiling YSnow YStallings YStancil, F Y Stances Y Stanley, L
Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTttlman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker 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 158, nays 0.

TUESDAY, FEBRUARY 24, 1998

1099

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

Representative Holland of the 157th 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 1550. By Representatives Teper of the 61st, Porter of the 143rd, Buck of the 135th, Taylor of the 134th, Williams of the 63rd and others:
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 authorize county boards of education to build schoolhouses on real property leased from the state or a political subdivision, instrumentality, agency, or authority of the state; to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property, so as to authorize county governing authorities or gov erning authorities of consolidated governments to sell, grant, lease, rent, convey, or trans fer real property or lesser interests in real property, including real property dedicated or used as a park or recreation area, to local boards of education for specified purposes; to authorize exchanges; to provide for terms and conditions; to provide for construction; 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 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposi tion of county property, is amended by striking in its entirety subsection (c), which is reserved, and inserting in lieu thereof the following:
"(c) Any county governing authority and the governing authority of any consolidated government may sell, grant, lease, rent, convey, or transfer any real property owned by the county or consolidated government, including real property dedicated or used as a park or recreation area, to the local board of education for use as a site for a public school or other educational purpose. Any county governing authority and the governing authority of any consolidated government may sell, grant, convey, or transfer to the local board of education licenses, easements, or lesser interests in such real property owned by the county or the consolidated government, including real property dedicated or used as a park or recreation area for such purposes. A county governing authority and the governing authority of any consolidated government are authorized to exchange real property, including real property dedicated or used as a park or recreation area, with the local board of education for other real property for such purposes. Such a sale, grant, lease, rental, conveyance, or transfer may be made by negotiation between the governing authority and local board of education without advertisement, bidding, auc tion, notice, publication, or referendum. This subsection shall not be construed to abro gate or impair any reverter provision or other condition of a sale, grant, conveyance, or transfer of real property to a county governing authority or governing authority of a con solidated government."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

1100

JOURNAL OF THE HOUSE,

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

Y Alien Andersen
YAshe Y Bailey
Bannister YBarfoot Y Barnard Y Barries Y Bates
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
Y Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B
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 YDixon 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 YHeckstall Y Hegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens
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
Lee Y Lewis YLord Y Lucas
Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey
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
Ponder Porter Y Powell Y Purcell YRagas Randall Ray Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims 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 Y Snelling YSnow YStallings
Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor YTeague Y Tepet Y Thomas YTillman Y Titus Y Tolbert Y Trense N Tumquest
Twiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Randall of the 127th 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 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 Anno tated, 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 Offi cial Code of Georgia Annotated, relating to financial institutions, so as to provide for the denial or suspension of licenses for mortgage lenders and bro kers for failure to repay a student loan.

The following amendment was read and adopted:

Representatives Hugley of the 133rd and Holland of the 157th move to amend HB 884 as follows:

TUESDAY, FEBRUARY 24, 1998

1101

On page 6 line 21 at the end of the sentence add: "Provided however the term default shall not include any obligation which is restructured or which is discharged under hardship provisions under the Federal Bank ruptcy Code."
On page 8 between lines 38 and 39 the following:
"(6) Whether the loan has been restructured or the loan has been discharged under hardship provisions under the Federal Bankruptcy Code."
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
Y Ashe Y Bailey N Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner YBunn Y Burkhalter
Byrd Y Campbell Y Canty YCash Y Channel!
Y Childers Y Clark
Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Crawford
Y Crews

Y Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans E Everett Y Felton YFloyd N Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston 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 NLakly YLane
Lee N Lewis
Lord Y Lucas
Maddox NMann 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 Orrock YParham

Y Parrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell YRagas
Randall
Ray 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 YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor
YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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 151, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Day of the 153rd stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1552. By Representatives Purcell of the 147th, Parham of the 122nd, Parrish of the 144th, Murphy of the 18th, Smyre of the 136th and others:
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 Author ity, so as to provide for the establishment by the authority of a program of scholarship grants for students at North Georgia College who have previously completed two scholarship years at Georgia Military College.

1102

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 Anderaon
YAshe
Y Bailey 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 Y Buckner YBunn Y Burkbalter
Byrd YCampbeU Y Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews

Culbreth Y CummiiiKs Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans E Everett Y Felton YFloyd Y Franklin
Y Golden Graves
Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y 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
Ladd Lakly YLane Lee Y Lewis Lord Y Lucas Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McCUnton Y McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham

Y Parrish Y Parsons
Pelote
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 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
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephens Y Taylor
Y Teague YTeper Y Thomas YTiUman Y Titus Y Tolbert Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest
Westmorland Y Whitaker Y Wiles
Williams, B
Y Williams, J Y Williams, R Y Worthan
YYates Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1542. By Representatives Snelling of the 99th, Worthan of the 98th, Royal of the 164th, Shanahan of the 10th, Heckstall of the 55th and others:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of government office, so as to change certain provisions relating to sale of real or personal property to political subdivisions by local officers and employees and exceptions thereto.

The following substitute, offered by Representatives Snelling of the 99th, Royal of the 164th and Lee of the 94th, was read and adopted:

A BILL
To amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of government office, so as to change certain provisions relating to sale of real or personal property to political subdivisions by local officers and employees and exceptions thereto; to provide for applicability of certain provisions to officers and employ ees of certain local authorities and boards; to repeal conflicting laws; and for other pur poses.

TUESDAY, FEBRUARY 24, 1998

1103

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of government office, is amended by striking Code Section 16-10-6, relating to sale of real or personal property to political subdivisions by local officers and employees and exceptions thereto, and inserting in lieu thereof the following:
"16-10-6.
(a) As used in this Code section, the term 'employing local authority' means a local authority or board created b_ a local Act of the General Assembly or a local constitu tional amendment or created by general law and requiring activation by an ordinance or resolution of a local governing authority. (b){a) Any employee, appointive officer, or elective officer of a political subdivision, hereafter referred to as 'employing political subdivision,' or agency thereof or any employee or appointed officer of an employing local authority who for himself or herself or in behalf of any business entity sells any real or personal property to:
(1) The employing political subdivision or employing local authority; (2) An agency of the employing political subdivision; (3) A political subdivision for which local taxes for education are levied by the employing political subdivision; or (4) A political subdivision which levies local taxes for education for the employing political subdivision shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. (cKb} Subsection (a) (b) of this Code section shall not apply to: (1) Sales of personal property of less than $200.00 per calendar quarter; (2) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointive officer, or elective officer, either for himself or herself or on behalf of any business entity; or (3) Sales of real property in which a disclosure has been made:
(A) To the judge of the probate court of the county in which the purchasing politi cal subdivision or local authority is wholly included or, if not wholly included in any one county, to the judge of the probate court of any county in which the purchasing political subdivision or local authority is partially included and which shall have been designated by the purchasing political subdivision or local authority to receive such disclosures, provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county; (B) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto; (C) Which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof or of an employing local authority has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency or local authority, the purchase price, and location of the property."
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, 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 Andenon Ashe

Y Bailey Y Bannister Y Barfoot

Y Barnard Y Barnee Y Bates

Benefield Y Birdsong Y Bohannon

Bordeaux Y Bradford Y Breedlove

1104

JOURNAL OF THE HOUSE,

Y Bridges Y Brooks Y Brown YBuck
Y Buckner YBunn Y Burkhalter YByrd
Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford Y Crews
Culbreth Y CummingB Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart

YEpps Y Evans EEverett Y Pelton YFloyd 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 Houston Y Howard YHudgens
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
Lakly YLane YLee Y Lewis YLord Y 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 YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag

YPolak Y Ponder Y Porter YPowell YPurcell
YRagas YRandall
YRay Reaves
Y Reichert
YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder YScarlett YScheid Y Scott Y Shanahan YShaw YSherrffl
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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Thomas Y TiUman Y Titus Y Tolbert YTrense YTuraquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Westnioreland YWhitaker Y Wiles Y Williams, B Williams, J Y Williams, R Y Worthan
YYates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1542 was ordered immediately transmitted to the Senate.

HR 847. By Representative Smith of the 109th:
A resolution commending David P. Ridgeway, Sr.; designating the David P. Ridgeway, Sr., Bridge.

The following amendment was read and adopted:
Representative Smith of the 109th moves to amend HR 847 as follows" Where mentioned delete "Sr."
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Alien Anderson Ashe Bailey
Y Bannister YBarfoot Y Barnard YBarnes
Y Bates Y Benefield

Y Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove
Y Brooks Y Brown YBuck Y Buckner

YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Childers Y Clark
Coan

Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M

YDay Y DeLoach, B Y DeLoach, G YDix YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans

TUESDAY, FEBRUARY 24, 1998

1105

EEverett YFelton YFloyd Y Franklin Y Golden
Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHocht
Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens
Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson

Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee YLewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills

Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham YParrish
Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Fonder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves Y Reicbert YRice Y Richardson Y Roberts
Rogers

Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw 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 YSneUing
YSnow YStallings Y Stancil, F Y Stancil, S

Y Stanley, L Stanley, P
Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest 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, as amended, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1493. By Representative Campbell of the 42nd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable, so as to provide that any mis demeanor involving physical injury or attempted physical injury or any felony when the accused is a parolee or probationer shall be bailable only before a judge of superior court.

Representative Walker of the 141st moved that HB 1493 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Y Alien Andersen Ashe
Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates
Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilders

Y Clark YCoan YColeman, B Y Coleman, T
Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings Y DaTM, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart
YEpps Y Evans E Everett Y Felton
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 Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye

YLadd Lakly
YLane YLee YLewis
Lord Lucas Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMasaey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley Y Moeley Y MueUer 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
Reaves Y Reichert YRice Y Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims Y Sinkfield

1106

JOURNAL OF THE HOUSE,

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 Y Stalling* Y Stancil, F Y Stancil,S Y Stanley, L
Stanley,?

Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert

YTrense Turaquest
YTwiggs Walker, L
Y Walker, R.L Y Watson YWest Y Westmoreland

On the motion, the ayes were 157, nays 0. The motion prevailed.

YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

HB 1513. By Representatives Sherrill of the 62nd, Buck of the 135th, Jamieson of the 22nd, Heard of the 89th and Polak of the 67th:
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.

The following amendment was read:

Representative Joyce of the 1st moves to amend HB 1513 as follows: Strike page 1 lines 28-30.

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

N Alien
Anderson
Ashe N Bailey Y Bannister NBarfoot Y Barnard NBaraes Y Bates N Benefield MBirdsong NBohannon N Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck NBuckner YBunn Y Burkhalter
Byrd Y Campbell
N Canty YCash NChannell NChilders Y Clark YCoan Y Coleman, B N Coleman, T NConnell Y Cooper N Crawford Y Crews

N Culbreth N CununinffB N DaTM, G Y Davis, M NDay Y DeLoach, B YDeLoach, G YDix YDixon NDobbs N Dukes YEhrhart
NEpps Y Evans EEverett YFelton NFloyd Y Franklin
N Golden Graves
NGreene Y Grindley Y Hanunontree N Manner Y Harbin N Heard NHecht NHeckstall N Hegstrom NHenson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H

N Hudson, N
NHugley Irvin
Y Jackson
N James N Jamieson YJenkins Y Johnson Y Johnston N Jones Y Joyce YKaye NLadd YLakly YLane NLee Y Lewis
Lord N Lucas
Maddox YMann Y Manning N Martin, J N Martin, J.L YMaasey NMcBee YMcCall N McClinton
McKinney Mills N Mobley NMosley Y Mueller NO'Neal YOrrock N Parham

NParrish Parsons
N Pelote Perry
Y Pinholster
NPoag N Polak E Ponder N Porter YPowell NPurcell NRagas NRandall
NRay Reaves
NReichert
YRice Y Richardson N Roberts
Rogers N Royal Y Sanders Y Sauder Y Scarlett YScheid Y Scott NShanahan NShaw NSherriU
Shipp NSims N Sinkfleld
Skipper N Smith, C
Smith, C.W
N Smith, L

On the adoption of the amendment, the ayes were 68, nays 88.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre Y Snelling NSnow N Stalling* N Stancil, F Y Stancil, S N Stanley, L
Stanley, P Stephens N Taylor Teague NTeper N Thomas NTilhnan Y Titus N Tolbert YTrense
Turaquest Twiggs N Walker, L
Y Walker, R.L N Watson NWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

TUESDAY, FEBRUARY 24, 1998

1107

The amendment was lost.

The following amendment was read:

Representatives Sherrill of the 62nd and Heard of the 89th move to amend HB 1513 as follows:
On page 2, line 15:
Delete "$500.00" replace with "$150.00".

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

N Alien Anderson Aahe
Y Bailey N Bannister YBarfoot N Barnard YBarnes
Y Bates Y Benefield YBirdsong N Bohannon
Y Bordeaux N Bradford Y Breedlove N Bridges Y Brooks N Brown YBuck Y Buckner NBunn Y Burkhalter
Byrd Y Campbell
Canty NCash Y Channel! Y Childers N Clark NCoan Y Coleman, B Y Coleman, T Y Connell N Cooper Y Crawford Y Crews

Y Culbretb Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G YDix YDixon
YDobbs Y Dukes NEhrhart
YEpps N Evans E Everett Y Felton YFloyd N Franklin Y Golden Y Graves NGreene N Grindley N Hammontree Y Manner Y Harbin Y Heard
NHecht NHeckstall YHegstrom YHenson Y Holland N Holmes N Houston
N Howard N Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
N Jackson Y James Y Jamieson YJenkins Y Johnson N Johnston
Jones N Joyce NKaye
NLadd NLakly YLane YLee N Lewis
Lord N Lucas
Maddoi
NMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton
McKinney N Mills
Y Mobley YMosley NMueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry N Pinholster YPoag YPolak E Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves YReichert
NRice N Richardson
Roberts Y Rogers N Royal
N> Sanders Y Sauder Y Scarlett YScheid Y Scott Y Shanahan YShaw Y Sherrill YShipp YSims N 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
Smyre NSnelling YSnow YStallings
Y Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Y Thomas YTiUman Y Titus NTolbert YTrense Turnquest YTwiggs Y Walker, L N Walker, R.L Y Watson YWest N Westmorland NWhitaker Y Wiles Y Williams, B N Williams, J N Williams, R Y Worthan N Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 105, nays 55. 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 Anderson Ashe
Y Bailey 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

YBurkhalter Byrd
Y Campbell
Y Canty YCash Y Channel! Y Childers

Y Clark YCoan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford

1108

JOURNAL OF THE HOUSE,

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix YDiion
YDobbs Y Dukes YEhrhart YEpps Y Evans E Everett YFelton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall

Y Hegstrom YHenson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkina Y Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas
Maddox YMann

Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak E Ponder
Y Porter Y Powell
Y PurceU 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
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 Stancil, F
Y Stancil, S
Y Stanley, L Stanley, P
Y Stephens Y Taylor
Teague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1408.

By Representatives Jones of the 71st and Harbin of the 113th:
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 prohibit the Department of Medical Assistance from adopting or administer ing a state plan that includes the requirement of a marketing enrollment coordinator as the means for the marketing to or the enrolling of Medicaid recipients into a health maintenance organization which has contracted with the department to provide health care delivery services to Medicaid recipi ents.

The following amendment was read and adopted:

Representatives Sauder of the 29th and Jones of the 71st move to amend HB 1408 as fol lows:
On page 2, line 15, following the word "State" insert "when a health maintenance organi zation directly enrolls eligible Medicaid beneficiaries for coverage it shall do so exclusively through the use of licensed independent agents."

The following amendment was read:

The Committee on Health and Ecology moves to amend HB 1408 as follows:
On Page 2, line 22, after the word "months", insert the following:
"The department shall promulgate regulations setting forth the reasons for good cause for which Medicaid recipients may disenroll in fewer than 12 months."
On Page 2, line 17 after the word "costs" insert:

TUESDAY, FEBRUARY 24, 1998

1109

", not to exceed the cost as determined by an independent actuarial study under the aus pices of the Department of Medical Assistance.".
On Page 2, line 32, after the word "has" remove all language through the word "state", so as to read:
"has:
(A) Threatened, coerced, or intimidated" etc.

The following amendment was read and adopted:

Representatives Jones of the 71st, Harbin of the 113th, Brown of the 130th, Irvin of the 45th and Graves of the 125th move to amend the Committee amendment to HB 1408 as follows:
By adding after the word "Assistance" on the sixth line, the following:
The department shall set a limitation on reimbursement of marketing costs to an HMO which shall be stated as a percentage of the premium value of new participants enrolled in that year. The determination shall be based on the findings on an independent acturary selected by DMA.

The Committee amendment, as amended, was adopted.

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

Y Alien Anderaon Ashe
Y Bailey Y Bannister YBarfoot Y Barnard YBarnes 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 YByrd Y Campbell Y Canty YCasb Y Channel! Y Childers Y Clark YCoan Y Colemtm, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings
Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Diion YDobbs Y Dukes Y Ehrhart
YEpps Y Evans E 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
Henson
Y Holland Y Holmes Y Houston
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 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
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 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 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 Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTiUman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

1110

JOURNAL OF THE HOUSE,

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 1408 was ordered immediately transmitted to the Senate.

HB 1444.

By Representatives DeLoach of the 172nd and Purcell of the 147th:
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 for require ments for obtaining a commercial crabbing license.

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 for requirements for obtaining a commercial crabbing license; to limit the number of such licenses issued; to provide that such licenses may not be sold or transferred without the payment of a fee; to provide exceptions; to pro vide for the keeping and reporting of certain records; to provide for a crab trap permit; to provide that such permits may not be transferred; to provide an exception; to provide for sanctions; to provide penalties for harvester's undersized crabs; to repeal conflicting laws; and for other purposes.
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 inserting at the end of subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, the following:
"(3) On and after July 1, 1998, only those persons who were in possession of a com mercial crabbing license and were listed as the owner or captain on a nontrawler com mercial fishing boat license in two of the three license years from the 1995-1996 license year through the 1997-1998 license year and can provide evidence satisfactory to the department that he or she sold crabs ex-vessel during the time he or she was so licensed shall be eligible to be issued a commercial crabbing license. Any person desiring a commercial crabbing license for the 1998-1999 license year must make application not later than August 31, 1998. (4) The total number of commercial crab licenses issued for license years after the 1998-1999 license year shall not exceed the number of such licenses issued for the 1998-1999 license year. Any license which is not renewed by May 1 of any license year subsequent to the 1998-1999 license year shall revert to the department for reissue by lottery devised and operated by the department. No person may hold more than one license at any time. (5) Commercial crab licenses may not be sold for consideration and may not be trans ferred to another person; provided, however, that such licenses may only be trans ferred:
(A) Without payment of the license fee to the licensee's spouse, children, siblings, or parents if the licensee dies or is permanently and totally disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veterans Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation. The transferee of a license so transferred shall engage in commer cial crabbing as evidenced by his or her commercial crab harvest records within two

TUESDAY, FEBRUARY 24, 1998

1111

years after such transfer or the license shall revert to the department for reissue as provided in paragraph (4) of this subsection; or (B) With payment to the department of the license fee to any person who is the bona fide purchaser of the nontrawler boat or vessel the licensee used for crabbing and designated for such purpose as provided in subsection (e) of Code Section 27-4-151. (6) Any person receiving a commercial crab license by transfer as provided in subparagraphs (e)(5)(A) and (e)(5)(B) of this Code section shall register such transfer with the department and pay to the department the license fee, if so required, within 30 days following the date of the transfer."
SECTION 2. Said part is further amended by inserting at the end of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, the following:
"(f)(l) It shall be unlawful for anyone engaged in commercial fishing for crabs in the salt waters of this state to fail to maintain at all times a record book showing the amount of crabs caught daily; the name and address of the person or persons to whom sold; the date of sale and the time and place of delivery; and such other information as may be required by the department. If no fishing occurred during any calendar month, a report stating such must be filed. (2) Each person required to maintain records pursuant to the provisions of paragraph (1) of this subsection shall report such information to the department at such time and in such manner as the board provides by rule or regulation. Such records shall be deemed provided in accordance with the provisions of this subsection on the date they were postmarked with the correct address and postage. (3) Any person who fails to report records as required by the provisions of paragraph (2) of this subsection within 60 days of the date such report is due shall be penalized as follows:
(A) On a first offense, the person shall pay a fine of $250.00; (B) On a second offense, the person shall pay a fine of $500.00; and (C) On a third or any subsequent offense, the person shall pay a fine of $500.00, and his or her commercial crabbing license shall be suspended for a period of ten days. (4) Any licensed crabber who has not submitted all harvest records for the previous year, as required by paragraph (2) of this subsection and all pertinent rules and regu lations, shall be ineligible for license renewal until such time as the required records have been submitted and all penalties paid. (g) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction, shall pay a fine as follows: (1) For a first offense, the person shall pay a fine of $250.00; (2) For a second offense, the person shall pay a fine of $500.00, and his or her com mercial crabbing and commercial fishing boat licenses shall be suspended for ten days and may not be used by any person; and (3) For a third and each subsequent offense, the person shall pay a fine of $1,000.00, and his or her commercial crabbing and commercial fishing boat licenses shall be sus pended for 60 days and may not be used by any person. Any person whose license is so suspended shall remove all of his or her traps from the water not later than ten days after the first day of the suspension."
SECTION 3. Said part is further amended by striking in its entirety subsections (c) and (g) of Code Section 27-4-151, relating to the use of crab traps, and inserting in lieu thereof, respec tively, the following:
"(c) It shall also be unlawful to set or place in the salt waters of this state any commer cial crab trap which does not have attached a float with such color coding and alphanu meric identification as is assigned by the department to the owner of the trap. Such alphanumeric identification shall be at least one inch in height, of a color which con trasts with the color of the float, of block character, and spaced so as to be readable

1112

JOURNAL OF THE HOUSE,

from left to right. The alphanumeric identification shall be assigned by the department to the owner of the trap when the owner is issued his or her commercial crabbing license. For subsequent years, the same alphanumeric identification shall be assigned to such commercial crab fisherman."
"(g)(l)(A) The first time after July 1^ 1998. that a person obtains or renews a com mercial crabbing license, he or she shall obtain a permit from the department estab lishing the maximum number of traps he or she may deploy at any given time during that license year. Such permits shall be issued in 50 trap increments up to a maximum of 200 traps. The department shall assign a separate and distinct color to each increment, and the licensee shall color the float required by. subsection (c) of this Code section the color identifying the limit allowed by_ the crab trap permit. The licensee shall pay a fee of $2.00 per trap for the permit, and the permit shall be for the same duration and shall be renewed at the same time aa the license.
(B) No crab trap permit may be sold or transferred to another person except as provided in this subparagraph. Such a permit may be transferred along with the transfer of the licensed commercial crabber's nontrawler license to a replacement vessel if the transfer of the permit and the license is registered with the department. Such a permit may be transferred to the purchaser of a commercial crab boat along with the commercial crabber's license and the commercial crabber's nontrawler license if the transfer of the permit, the commercial crabber's license, and the com mercial crabber's nontrawler license are recorded with the department and a new permit fee is paid to the department.
(C) No crab trap permit may be amended to permit the use of more traps except at the time of license renewal. The licensee shall have the trap permit in his or her possession at all times while crabbing.
(2) It shall be unlawful for any licensed commercial crab fisherman or a person desig nated by such licensee as provided in subsection (d) of this Code section to employ more crab traps than 900 erab traps the number allowed by his or her crab trap per mit at any time.
{3K3) Any person violating the provisions of paragraph (1) or (Q of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon convic tion, 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 than the permitted number of crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil pen alties, the license of any person found guilty of employing more than 366 50 excess crab traps shall be suspended for a one year, during which time the person shall be
ineligible to apply for a new license and upon the completion of which he or she may
renew the license. Upon a second or subsequent such offense, the person's license shall
be have tas 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.
(4) Whenever the commissioner or his or her designee has reason to believe that any
person has violated the provisions of paragraph (1) or (2) of this subsection or any
rule or regulation promulgated to implement such subsection, he or she may request
and shall receive a hearing before an administrative law judge of the Office of State
Administrative Hearings acting in place of the Board of Natural Resources, as pro
vided by Code Section 50-13-41. Upon finding that such person has violated this Code
section, the administrative law judge shall impose a civil penalty in the amount of
$100.00 for each trap in excess of the permitted number. The decision of the adminis
trative law judge shall constitute a final decision in the matter, and any party to the
hearing, including the commissioner, shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 24,1998

1113

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

Y Alien Andenon ABhe
Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon
Bordeaux Y Bradford
Breedlove Bridges Y Brooks Y Brown YBuck YBuckner Y Burnt YBurkhalter YByrd Campbell Canty YCash Y Channell
YChilders Y Clark
Coan YColeman, B YColeman, T YCoonell Y Cooper YCrawford Y Crews

Y Culbreth Y Cuiuinuigs
Y Davis, G Y Davis, M
YDay Y DeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes YEhrhart
YEpps YEvans E Everett YFelton
YFloyd N Franklin Y Golden Y Graves YGreene
YGrindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland
Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
Y James Y Jamieson YJenkins
Johnson Y Jobnston
Jones Joyce YKaye YLadd YLaUy Lane 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 YMosley Y Mueller YO'Neal YOrrock Y Parham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
E Ponder Y Porter Y Powell YPurcell YRagas YRandall
YRay Reaves
Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett YScheid 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTUlman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West
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 157, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Martin of the 47th moved that HB 1522 be postponed until Thursday, February 26,1998.
The motion prevailed.

HB 1490.

By Representative Holland of the 157th:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to state symbols, so as to provide that the official state peanut monument shall be a certain peanut sculpture in Turner 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 Andenon
Ashe
Y Bailey

Y Bannister YBarfoot Y Barnard YBarnes

Y Bates Benefield
YBirdsong YBohannon

Y Bordeaux Y Bradford
Breedlove
Y Bridges

Y Brooks Y Brown YBuck
Y Buckner

1114

JOURNAL OF THE HOUSE,

YBunn YBurkhalter
Y Byrd Campbell
Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B YColeman,T YConnell
Cooper Y Crawford Y Crews Y Culbreth Y CununinffB Y Davig, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart
YEpps Y Evans EEverett YFelton

YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hanunontree YHanner Y Harbin Y Heard YHecht YHeckstall YHegatrom YHenson
Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N YHugley 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
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 YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak E 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 YScarlett YScheid Y Scott
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 YSneUing YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Westmoreland
YWhitaker
YWUes
Y Williams, B
Y Williams, J
Y Williams, R
Y Worthan YYates
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 1532.

By Representative Richardson of the 26th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife generally, so as to pro vide that persons with disabilities may obtain a crossbow permit for the taking of all game.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that persons with disabilities may obtain a crossbow permit for the taking of big game; 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 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by striking in its entirety paragraph (6) of said Code section and inserting in lieu thereof the following:
"(6) The use of crossbows for hunting within this state is prohibited except under such circumstances and conditions as the board shall prescribe by rule or regulation for persons suffering from permanent disabilities. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her pos session a permit to hunt deer big game with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1994, may continue to hunt deer big game with a crossbow;".

TUESDAY, FEBRUARY 24, 1998

1115

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

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

Y Alien Anderson
Ashe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd
Campbell Y Canty 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 Cunnings Y Davis, G
Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Y Dixon YDobbs Y Dukes YEhrhart YEpps Y Evans E Everett
Felton Y Floyd Y Franklin Y Golden
Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Heard YHecht YHeckstall Y Hegatrom Y Henson Y Holland
Y Holmes Y Houston 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
Lucas Maddoi YMann Y Manning Y Martin, J Y Martin, J.L Massey Y McBee 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 YPoag YPolak E 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 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 Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Whitaker Y Wiles Y Williams, B Y WilUams, J Y Williams, R Y Worthan YYates Murphy, Spkr

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

Representative Lucas of the 124th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 884.

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

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

1116

JOURNAL OF THE HOUSE,

HB 561 Do Pass, as Amended HB 862 Do Pass HB 1620 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 523 Do Pass, by Substitute HB 1316 Do Pass, by Substitute HB 1580 Do Pass HB 1675 Do Pass
HB 1693 Do Pass, by Substitute

HB 1696 Do Pass HB 1716 Do Pass, by Substitute HB 1730 Do Pass, by Substitute HB 1731 Do Pass
SB 526 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 and Resolution cf the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1116 Do Pass HB 1483 Do Pass, by Substitute HB 1551 Do Pass, by Substitute HB 1563 Do Pass HB 1625 Do Pass
HB 1657 Do Pass, by Substitute

HB 1667 Do Pass, by Substitute HB 1672 Do Pass, by Substitute HB 1698 Do Pass, by Substitute HB 1703 Do Pass SB 496 Do Pass, by Substitute
SR 532 Do Pass, by Substitute

Respectfully submitted, /s/ Jamieson of the 22nd
Vice-Chairman

Pursuant to HR 1165, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 26, 1998.

THURSDAY, FEBRUARY 26, 1998

1117

Representative Hall, Atlanta, Georgia Thursday, February 26, 1998

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 E Barfoot Barnard Barnes Bates Birdsong Bradford Breedlove Bridges Brooks Brown Buck Bunn Burkhalter Byrd Cash Channel! Guilders Clark Coan Coleman, B Connell Crews Culbreth

Cumminga Davis, M DeLoach, G Diion Dobbs Dukes Epps Evans Felton Floyd Franklin Golden Greene Grindley Hammontree Harbin Hegstrom Henson Holland Houston Howard Hudgens Hugley Jackson James

Johnson Johnston Kaye Ladd Lakly Lane Lewis Lord Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Mills Mobley O'Neal Parham Parsons Pelote Perry Pinholster

E Ponder Porter PoweU Purcell Ragas Ray Reaves Reichert Rice Richardson Roberts Rogers Royal Sanders Scarlett Scheid Shanahan Shipp Sims Smith, C Smith, C.W Smith, L Smith, L.R Smith, P Smith, T

Smith, V Snelling Snow Stafflngs Stancil, F Stancil, S Stanley, P Stephens Taylor Teper Thomas Tillman Titus Tolbert Trense Twiggs Walker, R.L West 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 Westmoreland of the 104th, Hudson of the 156th, Davis of the 48th, Day of the 153rd, Bannister of the 77th, Mosley of the 171st, Sherrill of the 62nd, Skipper of the 137th, Campbell of the 42nd, DeLoach of the 172nd, Graves of the 125th, Shaw of the 176th, Sauder of the 29th, Joyce of the 1st, Bordeaux of the 151st, Alien of the 117th, Canty of the 52nd, Hecht of the 97th, Poag of the 6th, Jones of the 71st, Polak of the 67th, Turnquest of the 73rd, Heard of the 89th, Jamieson of the 22nd, Sinkfield of the 57th, Dix of the 76th, Lucas of the 124th, Williams of the 83rd, Maddox of the 72nd, Parrish of the 144th, Hanner of the 159th, Watson of the 70th, Heckstall of the 55th, Irvin of the 45th, Teague of the 58th, Stanley of the 50th, Smyre of the 136th, Buckner of the 95th, Bannister of the 77th, Bailey of the 93rd and Cooper of the 31st.
They wish to be recorded as present.

Prayer was offered by Dr. Phil G. Pilgrim, Senior Pastor, First Baptist Church, Fort Valley, 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.

1118

JOURNAL OF THE HOUSE,

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

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

HB 1775. By Representatives Bradford of the 30th, Crawford of the 129th, Campbell of the 42nd, Sauder of the 29th, Powell of the 23rd and others:
A bill to amend Code Section 44-3-109 of the Official Code of Georgia Anno tated, relating to liens for assessments by condominium associations, so as to limit the amount of attorney's fees recoverable from a unit owner.
Referred to the Committee on Judiciary.

HB 1776. By Representatives Benefield of the 96th, Hecht of the 97th, Lee of the 94th and Bailey of the 93rd:
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 provide that the real estate transfer tax does not have to be sent to the state revenue commissioner for distribution.
Referred to the Committee on Ways & Means.

HB 1777. By Representative Ponder of the 160th:
A bill to abolish the office of elected county surveyor of Seminole County; to provide for appointment of a county surveyor by the governing authority of Seminole County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1778. By Representatives Polak of the 67th and Trense of the 44th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to enact the "Homeowner's Warranty Rights Act".
Referred to the Committee on Industry.

HB 1779. By Representative Ponder of the 160th:
A bill to provide for the nomination and election of the members of the Board of Education of Seminole County in nonpartisan primaries and elec tions.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 26, 1998

1119

HB 1780. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation and expenses of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1781. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Jones County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation and expenses of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1782. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Jones County into the office of tax commissioner of Jones County, so as to change the provisions relating to the compensation and expenses of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1783. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Jones County and providing in lieu thereof an annual salary, so as to change provisions relating to the compensation and expenses of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1784. By Representatives Royal of the 164th, Murphy of the 18th, Coleman of the 142nd, Buck of the 135th, Walker of the 141st and others:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use taxes, so as to provide for the distribution of certain unidentifiable sales and use tax proceeds; to provide for a definition.
Referred to the Committee on Ways & Means.

HB 1785. By Representatives Rogers of the 20th, Tolbert of the 25th, Breedlove of the 85th and Smith of the 19th:
A bill to provide for an alternative method of distribution of the net pro ceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution among the Hall County School District, City of Gainesville Independent School District, and the City of Buford Independent School District.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1786. By Representatives Culbreth of the 132nd and Taylor of the 134th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of home study program yearbooks to students enrolled in such programs.
Referred to the Committee on Ways & Means.

HB 1787. By Representatives Brown of the 130th, Turnquest of the 73rd, Westmorland of the 104th, Smith of the 102nd, Lakly of the 105th and oth ers:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the "Children's Health Insurance Act".
Referred to the Committee on Insurance.

HB 1788. By Representative Smith of the 175th:
A bill to amend Part 2 of Article 9 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to receipt and disbursement of local school funds, so as to change the provisions regarding use of local school funds.
Referred to the Committee on Education.

HB 1789. By Representative Wiles of the 34th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, known as the "Georgia Securities Act of 1973," so as to provide that any person who engages in certain unlawful practices under said chapter, which violation causes a loss to retirement savings of one or more other per sons, shall be liable to any victim of such violation not only for the actual losses but also for an additional amount equal to three times the amount of the actual losses.
Referred to the Committee on Judiciary.

HB 1790. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to create a board of elections and registration for Newton County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1791. By Representatives Connell of the 115th and Martin of the 47th:
A bill to amend Code Section 16-12-1 of the Official Code of Georgia Anno tated, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, so as to change certain penalty provisions applica ble to such offense.
Referred to the Committee on Judiciary.

HR 1168. By Representatives Burkhalter of the 41st, Porter of the 143rd, Watson of the 70th and Trense of the 44th:
A resolution creating the House Development Impact Fees for Educational Facilities Study Committee.
Referred to the Committee on Rules.

THURSDAY, FEBRUARY 26, 1998

1121

HR 1171. By Representatives Holland of the 157th and Hudson of the 156th:
A resolution designating a portion of State Highway 107 as "Ted Hudson 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 1797. By Representatives Crews of the 78th, Westmoreland of the 104th and Brooks of the 54th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to public facilities by persons with disabilities, so as to provide that the chapter shall not apply to religious organizations, includ ing places of worship.
Referred to the Committee on Industry.

HB 1798. By Representatives Murphy of the 18th, Hudson of the 120th, Powell of the 23rd, McCall of the 90th, Hudson of the 156th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings and intent; to create a new article to be known as the "Essential Rural Health Care Provider Access Act".
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 1753 HB 1754 HB 1755 HB 1756 HB 1757 HB 1758 HB 1759 HB 1760 HB 1761 HB 1762 HB 1763 HB 1764 HB 1765

HB 1766 HB 1767 HB 1768 HB 1769 HB 1770 HB 1771 HB 1772 HB 1773 HB 1774 HR 1154 SB 128 SB 538 SR 588

Representative Porter of the 143rd District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:

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

HB 244 Do Pass, as Amended HB 1184 Do Pass, by Substitute HB 1255 Do Pass, by Substitute

HB 1469 Do Pass HB 1654 Do Pass

1122

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1007 Do Pass, by Substitute HB 1179 Do Pass, by Substitute

HB 1410 Do Pass, by Substitute SB 485 Do Pass, as Amended

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1628 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Smith of the 109th 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 1720 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 109th
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:

THURSDAY, FEBRUARY 26, 1998

1123

HB 1476 Do Pass HB 1651 Do Pass, by Substitute

HB 1666 Do Pass, by Substitute SB 544 Do Pass
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 865 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 con sideration 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 1702 Do Pass SB 644 Do Pass
Respectfully submitted, /s/ Smith of the 169th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1451 Do Pass, by Substitute HB 1683 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:

1124

JOURNAL OF THE HOUSE,

Your Committee on Retirement 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 128 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:

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

HR 1000 Do Pass HR 1066 Do Pass, as Amended

HR 1137 Do Pass HR 1170 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 1176 Do Pass, by Substitute SB 31 Do Pass, by Substitute SB 428 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 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 23 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:

THURSDAY, FEBRUARY 26, 1998

1125

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 1746 Do Pass HB 1748 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 THURSDAY, FEBRUARY 26, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enu merated below:
HB 751 Superior Court Judges Retirement; increase compensation HB 978 Torts; automobile air bags; failure to deploy; liability HB 1157 Trespass; damage to realty; right of action; tolling of limitations HB 1253 Georgia State Nutrition Assistance Program (SNAP); enact HB 1274 Fair housing law; cert info not subject to disclosure HB 1388 Ad valorem tax; certain places of worship; additional exemptions HB 1430 Special license plates; transfer; amend provisions HB 1435 Chiropractors; continuing education; scope of practice HB 1576 Food; certain sales; exclude from certain definitions HB 1617 Judicial Budget Administration Act of 1998; enact HB 1633 Fishing; location owners and operators; limited liability
HR 1002 Lottery proceeds; specify purposes for which used - CA
SB 537 Alcoh. Bev. Sale on Sunday - cert, race track facilities (Henson of the 55th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1746.

By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the provisions relating to compensation and travel expenses 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 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

1126

JOURNAL OF THE HOUSE,

HB 1748.

By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A bill to provide for the creation of one or more community improvement districts in Cherokee County and in each municipality therein.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1658.

By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.

HB 1688.

By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to correct an error regarding the time for election of councilmembers representing Districts land 4.

HB 1694.

By Representatives Bradford of the 30th, Wiles of the 34th, Sauder of the 29th 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.

HB 1695.

By Representative Bridges of the 9th:
A bill to amend an Act creating a Board of Commissioners for Habersham County, so as to change the number of commission districts from three dis tricts to five districts.

HB 1699.

By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the Board of Commissioners of Lowndes County, so as to change the provisions relating to regular meetings of the Board of Commissioners.

SB 529. By Senator Langford of the 29th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for additional information and disclosures which must be provided to the taxpayer; to provide an effective date; to provide for applicability.

THURSDAY, FEBRUARY 26,1998

1127

SB 591. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to use of safety belts in passenger vehicles, so as to define and redefine certain terms; to change certain provisions relating to vehicle occu pants required to use seat safety belts.

SB 604. By Senator Broun of the 46th:
A bill to amend Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Moun tain Memorial Association, so as to provide for the exercise of police powers by the association; to provide for the appointment of peace officers by the association.

SB 608. By Senators Streat of the 19th, Bowen of the 13th, Roberts of the 30th and Guhl of the 45th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fire and other hazards to persons and property generally, so as to authorize the Safety Fire Commissioner and duly appointed officers and employees of the Commissioner to issue citations for noncompliance with certain laws relating to fire and other hazards.

HB 1081.

By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Teachers Retire ment System of Georgia, so as to provide that upon the death of a designated recipient of continued benefits as elected by a retired member, the retired member may cancel the previous election and begin receiving a regular benefit.

HB 1199. By Representatives McBee of the 88th, Martin of the 47th and Hudgens of the 24th:
A bill to amend Code Section 36-32-22 of the Official Code of Georgia Anno tated, relating to establishment and membership of the Georgia Municipal Courts Training Council, so as to change the method for the appointment of members of the Georgia Municipal Courts Training Council.

HB 1229. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

HB 1266. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to enact the "Disaster Volun teer Leave Act".

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JOURNAL OF THE HOUSE,

HB 1368.

By Representatives Reichert of the 126th and Crawford of the 129th:
A bill to amend Code Section 48-3-21.1 of the Official Code of Georgia Anno tated, relating to statute of limitations provisions for the enforcement of exe cutions issued for ad valorem taxes in amounts less than $1.00, so as to increase the threshold amount to $5.00.

HB 1406. By Representatives Crawford of the 129th and Smith of the 109th:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Anno tated, relating to advertising judicial sales, so as to change the advertising requirement for judicial sales or real property.

HB 1434.

By Representatives Franklin of the 39th, Joyce of the 1st, Coan of the 82nd and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate "Bill of Rights Day".

HB 1460. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th and others:
A bill to amend Code Section 4-6-52 of the Official Code of Georgia Anno tated, relating to special sales of livestock, so as to exempt Georgia 4-H clubs and Georgia Future Farmers of America chapters from certain bonding requirements.

HB 1535. By Representatives Buck of the 135th, Crawford of the 129th, Royal of the 164th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide additional conditions under which certain property shall not acquire a situs in this state for ad valorem tax pur poses; to provide that certain property ownership or conducting of business shall not constitute activities subject to state income tax.

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

SR 586. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd and others:
A resolution recognizing the critical need for the establishment of minimum salaries for peace officers.

SR 613. By Senator Streat of the 19th: A resolution designating the David Nipper Memorial Bridge.

SR 635. By Senators Stair of the 44th and Oliver of the 42nd:
A resolution authorizing the conveyance of certain property located in DeKalb County and owned by the State of Georgia and the Georgia Building Authority (Hospital).

THURSDAY, FEBRUARY 26, 1998

1129

SR 639. By Senator Middleton of the 50th:
A resolution honoring Tommy Irvin and designating a portion of Georgia Highway 365 as the "Tommy Irvin Parkway".

The Senate has adopted, by substitute, by the requisite constitutional majority the following resolution of the House:

HR 935. By Representatives Barnes of the 33rd, Manning of the 32nd, Grindley of the 35th and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 1228.

By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.

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

HB 1290.

By Representatives Hecht of the 97th, Martin of the 47th, Campbell of the 42nd and Davis of the 60th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for pay ment of actual expenses of judges or associate judges attending training semi nars.

HB 1354.

By Representatives Parrish of the 144th, Stallings of the 100th, Thomas of the 148th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide for definitions; to provide for regulatory parity; to provide for confidentiality of departmental records and exceptions; to provide for rule-making authority.

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

SB 529. By Senator Langford of the 29th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Anno tated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for additional information and disclosures which must be provided to the taxpayer; to provide an effective date; to provide for applicability.
Referred to the Committee on Ways & Means.

1130

JOURNAL OF THE HOUSE,

SB 590. By Senators Cheeks of the 23rd, Scott of the 36th, Brown of the 26th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to provide that no person shall accept any check or similar instrument as collateral for any value less than the face value of the check; to provide penalties.

February 26,1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross Senate Bill Number 590. 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 Banks & Banking.

SB 591. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to use of safety belts hi passenger vehicles, so as to define and redefine certain terms; to change certain provisions relating to vehicle occu pants required to use seat safety belts.
Referred to the Committee on Motor Vehicles.

SB 604. By Senator Broun of the 46th:
A bill to amend Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Moun tain Memorial Association, so as to provide for the exercise of police powers by the association; to provide for the appointment of peace officers by the association.
Referred to the Committee on State Institutions & Property.

SB 608. By Senators Streat of the 19th, Bowen of the 13th, Roberts of the 30th and others:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fire and other hazards to persons and property generally, so as to authorize the Safety Fire Commissioner and duly appointed officers and employees of the Commissioner to issue citations for noncompliance with certain laws relating to fire and other hazards.
Referred to the Committee on Public Safety.

SR 586. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd and others:
A resolution recognizing the critical need for the establishment of minimum salaries for peace officers.
Referred to the Committee on Public Safety.

THURSDAY, FEBRUARY 26, 1998

1131

SR 613. By Senator Streat of the 19th: A resolution designating the David Nipper Memorial Bridge.
Referred to the Committee on Transportation.

SR 635. By Senators Starr of the 44th and Oliver of the 42nd:
A resolution authorizing the conveyance of certain property located in DeKalb County and owned by the State of Georgia and the Georgia Building Authority (Hospital;).
Referred to the Committee on State Institutions & Property.

SR 639. By Senator Middleton of the 50th:
A resolution honoring Tommy Irvin and designating a portion of Georgia Highway 365 as the "Tommy Irvin Parkway".
Referred to the Committee on Transportation.

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

HR 1172.

By Representatives Bohannon of the 139th, Hudgens of the 24th, Crews of the 78th, Pelote of the 149th, Taylor of the 134th and others:
A resolution commending Dr. Francisco Contreras and inviting him to appear before the House of Representatives.

HR 1186.

By Representatives Murphy of the 18th, Sinkfield of the 57th, Orrock of the 56th and Martin of the 47th:
A resolution honoring Grace Towns Hamilton and her biographers, Lorraine Nelson Spritzer and Jean B. Bergmark, and inviting Ms. Spritzer and Ms. Bergmark to the State Capitol for a book signing on March 12,1998.

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

HB 1430.

By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th, Porter of the 143rd, Roberts of the 162nd 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 registration and license requirements and penalties; to change certain provi sions relating to transfer of license plates and revalidation decals.

The following Committee substitute was read:

A BILL
To amend Code Section 19-11-18 of the Official Code of Georgia Annotated, relating to child support collection procedures, notice, and judicial review, so as to provide for filing and perfecting a child support lien against a motor vehicle for which a certificate of title is required; to provide for priorities of certain liens; to amend Title 40 of the Official Code

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of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provi sions relating to operation of unregistered vehicles or vehicles without current license plates, revalidation or county decals, storage of unlicensed vehicles, jurisdiction, and dispo sition of fines; to change certain provisions relating to registration and license require ments and penalties; to change certain provisions relating to commemorative license plates; to change certain provisions relating to transfer of license plates and revalidation decals; to change certain provisions relating to certificates of registration and replacement of lost registration certificate; to change certain provisions relating to issuing license plate or revalidation decal for salvage or rebuilt motor vehicles; to change certain provisions relat ing to license plate commemorating 1996 Olympic Games; to change certain provisions relating to license plates promoting United States Disabled Athletes Fund; to change cer tain provisions relating to license plates promoting the Nongame-Endangered Wildlife Pro gram of the Department of Natural Resources; to change certain provisions relating to consular corps license plates; to change certain provisions relating to special license plates for Medal of Honor winners; to change certain provisions relating to special license plates for disabled veterans not qualifying under Code Section 40-2-69; to change certain provi sions relating to design of disabled veteran plates and restrictions on issuance and transfer; to change certain provisions relating to special license plates for former prisoners of war; to change certain provisions relating to special license plates for persons with disabilities; to change certain provisions relating to special license plates for amateur radio operators; to change certain provisions relating to alternative fueled vehicle license plates; to change certain provisions relating to special license plates for antique or hobby or special interest vehicles; to change certain provisions relating to special license plates for firefighters; to change certain provisions relating to transfer of special license plates; to change certain provisions relating to special or prestige license plates for jointly owned vehicles; to change certain provisions relating to license plates for veterans awarded Purple Heart; to change certain provisions relating to license plates for veterans who survived attack on Pearl Har bor; to change certain provisions relating to special and distinctive license plates for veter ans; to change certain provisions relating to special license plates for emergency medical technicians; to change certain provisions relating to license plates commemorating Civil War battlefields and historic sites; to change certain provisions relating to license plates supporting public schools; to change certain provisions relating to exclusions from require ment for certificate of title; to change certain provisions relating to lost, stolen, mutilated, or destroyed certificates of title; to change certain provisions relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates; to change certain provisions relating to salvage or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits; to change certain provisions relating to procedure for reflecting subsequent transactions on a certificate of title; to change certain provisions relating to perfection of certain security interests; to change certain provisions relating to perfection and enforce ment of liens; to amend Code Section 48-5-473 of the Official Code of Georgia Annotated, relating to returns for taxation of motor vehicles and application for and issuance of license plates upon payment of taxes due, so as to provide that motor vehicles shall not be returned for ad valorem taxation nor shall such taxes be due or collected under certain circumstances; to provide for related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-11-18 of the Official Code of Georgia Annotated, relating to child support collection procedures, notice, and judicial review, is amended by striking the word "and" at the end of subparagraph (b)(3)(A) and by striking subparagraph (b)(3)(B) and inserting in lieu thereof the following:
"(B) With respect to personal property except motor vehicles, 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^ Mete* Vehicle Division ef the Departsaanedn"t ef Revenue, or office or agency responsible for the filing or recording of liensrj,

THURSDAY, FEBRUARY 26, 1998

1133

SECTION 2. Said Code section is further amended by adding at the end of paragraph (3) of subsection (b) a new subparagraph (C) to read as follows:
"(C) With respect to motor vehicles for which a certificate of title is required pursu ant to Chapter 3 of Title 40, the IV-D agency may file notice of a child support lien with the social security number of the obligor noted thereon with the Motor Vehicle Division of the Department of Revenue. A child support lien shall become perfected as of the date a certificate of title showing the child support lien is issued by the department and the permanent records of the department are changed to reflect such lien. A filed or recorded but unperfected child support lien shall be valid against the obligor. A filed or recorded but unperfected child support lien shall not constitute actual or constructive notice to and shall not be valid against owners of the motor vehicle who are not the obligor and shall not constitue actual or construtive notice to and shall not be valid against individuals or entities which become transferees of the motor vehicle prior to perfection, creditors of the obligor, or holders of security interests or liens in the motor vehicle which have been per fected in accordance with Chapter 3 of Title 40 prior to perfection of the child sup port lien. A child support lien perfected as provided in this subparagraph shall be subordinate to any security interest or lien which has been perfected prior to the perfection of the child support lien and shall be subordinate to mechanic's liens regardless of when perfected."
SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-8, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decals, or county decals, storage of unlicensed vehicles, jurisdiction, and disposition of fines, and inserting in lieu thereof the following:
"(b)^li 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 cur rent 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.
(2) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a used vehicle may operate such vehi cle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle and provided, further, that the ; The county tag agent may upon request issue to such purchaser a notice from the tag agent indicating that such vehicle has been recently acquired and stating the deadline for registering such vehicle in this state during the applicable initial registration period, which notice the purchaser may place on the rear of the vehicle in the space provided for a license plate for temporary display during such initial registration period and prior to regis tration; provided, however, that if any such notice is issued it shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. (3) 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. If the owner of such vehicle presents evidence that such owner has properly applied for the regis tration 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 registration and license requirements and penalties, and inserting in lieu thereof the following:
"(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall,

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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, including tractors and motorcycles, or trailer shall, within 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 reg istration period, without regard to whether such next registration period occurs 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 new or used motor vehicle and holds it for resale. 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 last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of 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 salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed e* leased motor vehicle; or a court ordered sale or other invoivuitflry Triiisi6Ft ft sttivft^c motop vciiiciCj or ft isotof vcnicic WHICH ts stolen out oubflcqucntly recovered by the insurance company after payment ef- total less claim, the lienholder ef lessor, or the transferor; the salvage dealer, e* insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; but sweh ft perse e* entity ethef than lesser shall, prior to the sale of such vehicle, sur render the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation."
SECTION 5. Said title is further amended by striking subsection (b) of Code Section 40-2-32.1, relating to commemorative license plates, and inserting in lieu thereof the following:
"(b) Beginning in calendar year 1998, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of net mere tha $25.00 in addition to the regular motor vehicle registration fee shall be issued a commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the com missioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates."
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 40-2-42, relating to transfer of license plates and revalidation decals, and inserting in lieu thereof the fol lowing:
"(b) The commissioner 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, currently valid annual and five-year license plates and revalidation decals shall be transferred from one vehicle to another vehicle of the same class of which ownership is aubocqucntly acquired by th stun* person pe following that person's tronafcr ef or those persons' ceasing to own or operate on the public roads the vehicle for which such plate was originally issued and during the initial registration period for the acquired vehicle. If pert transfer ef a vehicle a perse* acquires ft such acquired vehicle is of a different class than the vehicle no longer owned or operated by such person, he or she shall submit the license plate currently issued to him or her for

THURSDAY, FEBRUARY 26, 1998

1135

cancellation and, upon payment of any additional fee for registering such new acquired vehicle, the commissioner shall issue a new license plate to such person for use on such acquired vehicle. License plates and revalidation decals snail may be transferred enly daring in accordance with the provisions of this subsection at any time after issuance or renewal thereof and until the expiration of the period for which issued."
SECTION 7. Said title is further amended by designating the existing provisions of Code Section 40-2-43, relating to certificate of registration and replacement of lost registration certifi cate, as subsection (a) thereof and by adding a new subsection (b) to read as follows:
"(b) Any dealer or owner of a vehicle may apply to the commissioner or county tag agent for a duplicate of the last registration certificate issued to the previous or current owner for that vehicle. The commissioner or county tag agent, upon receipt of an appli cation and a fee of $1.00, shall provide the duplicate registration certificate."
SECTION 8. Said title is further amended by striking Code Section 40-2-45, relating to issuing license plate or revalidation decal for salvage or rebuilt motor vehicles, and inserting in lieu thereof the following:
"40-2-45. (a) 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. (b) Notwithstanding subsection (a) of this Code section, if a vehicle is damaged, scrapped, dismantled, or demolished and tranferred to an insurance company or licensed rebuilder and the transferor of such vehicle has a current, unexpired license plate and registration issued therefor, such license plate shall be transferred to another vehicle acquired by such transferor according to the provisions of Code Section 40-2-42 or 40-2-80, as applicable."
SECTION 9. Said title is further amended by striking Code Section 40-2-46, relating to license plate commemorating 1996 Olympic Games, and inserting in lieu thereof the following:
"40-2-46.
\&) ! AC OlDy Or AblAIltA ftHu tftC OUltC Of LJ 6OFlt ftftVlR^ DCtill 8ClCCtfCCz Hoy fn lUlCFlkftTM
tienal Olympic Committee te fees* the 4996 Olympic Games, there shall -be issued -begin-

(b) The commissioner snaH prepare special distinctive license plates ef a design appro priate te commemorate the 996 Olympic Games, ft snaB net be a- requirement that a emmty name deeai be afiated and displayed en license plates resaett ndf this Sede aee-
(c) In calendar years 1001 through 1006, any meter vehicle ewner wne is a resident ef Georgia, ttpea complying with the meter vehicle laws relating te registration and- liecno ing- ef- meter vehicles and pen the payment ef- a- manufacturing fee ef- net mere theft
<puv<Uu in QQUlllOH vO vn fO|fUiftf DHOtOT VCfllClC F618tfftuOH iCCj 911All DC 1S9UCQ 9UCA "ft
special license plate. Notwithstanding any contrary provisions ef Code Section 40 2-31,
ftB InC OWllCf IS JfCCJ UllfCCI T0 rCl*C^18tC^ TttC VCillClC HI lyy / J 0J10 FCVQllCl&tlOA QCCCaS ntftxzf
pen payment ef an annual renewal fee ef net mere than $3feOO -m addition te aH ether
Or COilCCvlOB Or OtAGf IfC^lfitPQuOtt 1669 AHu fdfiitvCu vO tftO 8tftt6 ft& pFOVlQCu 1ft OOQG OCC' HOD 4w~3BTMo^ DC loSUCU IOF SUCH SPCCICLI IICCIISC plfltCS ttl CCUCttuStX yCflPS J.lRl
- AS prnviripd in flnVtHpptiATI /flj f\f OftHp RnftifTn Afl 1^-JH Tn rfllpnHAT vrnrji

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through 4996 such special license plates may be transferred between vehicles as provided in Gede Section 40 2 80.
shall net be implemented antft seh time as the State erf Georgia has? through a lieens-
OtfiePWlSG y PeCOtved SUCH 11CCH8C8 OP OtflCP pevmi881O118
required tot the se ef the Olympic tege en licenac plates er as ay othcrwiac -be aeeeasary er appropriate te implement this Code ooction. 3%e commissioner is authorized, en
DCllQir Or tne StAte^ to neOt1Ate CUlu CXCCUtC Any SUCfl 11CC1H8ing AgPCOHW/nt. AHy SUCH
licensing agreement shall he approved by the Fiscal Affairs Subcommittccg of the Senate and the Hettse of Representatives before being executed by the commissioner. For the purpose ef concluding saeh an agreement, the commissioner may eharge fees; make paymcnt8) tfuce otncp Actions? &nd A{pee to OP impose terms* fluid conditions) wnicft miAt normally he envisioned in licensing and cross liccnoing agreements tea the se f designs and similar intellectual property. Without limitation, the commissioner may agree te aHew te ethers the exclusive er nonexclusive use ef the design ef the commemorative license pifltC) inciudm ppomovionfli Q8O cuiu nifly E^PCC to collect UIPOU^R locctt tfi^j agents and remit te the licensor ef the Olympic tege er ether designs any fee et reyatty
commemorative license ptate? excepting only the Olympic -tege and any -ether part -ef ^fee design owned by ethers and licensed te the state, shall he ewned- solely by the- State ef Georgia for its exclusive use and control, except as authorized by the eommiosioncr. The
mtiy t&KG sucti steps ftft mfty oo nccosstufy to ivc notice of AHU protect seh right, including the copyright. However, such steps shall be cumulative ef the ewncPSnip cmd exclusive tise cuid contpoi estflDiisfied Dy tins suDscction &8* ft mctttep or iflw and ne person shaft reproduce er otherwise se seh design; except as authorized by %he eeamissionert Reserved."
SECTION 10. Said title is further amended by striking subsection (f) of Code Section 40-2-48, relating to license plates promoting United States Disabled Athletes Fund, and inserting in lieu thereof the following:
"(f) Wpen transfer ef the ownership ef a private passenger vehicle pen which there is ft spccitii ncen&c piste issued undep tnis oode sectiont SUCA piflte snflii DC penftovcd cuid
suefi ft tPdnsiep 01 ownersnip OCCUP&J snouid Tfte license pi&tc noidcp QCQuipe fluotnep vehicle; the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 11. Said title is further amended by striking subsections (d), (e), and (g) of Code Section 40-2-49, relating to license plates promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources, and inserting in lieu thereof the following:
"(d) Beginning in calendar year 1997, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of net mere than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildlife conservation fund license plate. Revalidation decols shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildlife conservation fund license plates in the same manner as provided for general issue license plates. (e) The Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund shall bear the cost of the manufacture of each such license plate. The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wild life Conservation and Wildlife Habitat Acquisition Fund established by Code Section

THURSDAY, FEBRUARY 26, 1998

1137

12-3-602 and shall be expended only for the purposes enumerated in subsection (b) of Code Section 12-3-602." "(g) Wildlife conservation fund license plates shall be transferred from one vehicle to another subsequently acquired vehicle in accordance with the provisions of Code Section 40-2-42."
SECTION 12. Said title is further amended by striking Code Section 40-2-64, relating to consular corps license plates, and inserting in lieu thereof the following:
"40-2-64.
(a) Mete* vehicle owners whe are honor-ory Honorary consuls, upon complying applica tion and compliance with the state motor vehicle laws relating te relative to the registra tion and licensing of motor vehicles, ahaU be issued two honorary consular corps license
plfivQB* OOD8U1CIF OtllCltlid WHO tf& Git'126119 Ox WIG COlintPy wl6y Fpl?68G A t 9flLtt i& 1S8UGQ
seh plates free ef- charge payment of the regular license fees for license plates as pro vided by law, payment of a manufacturing fee of $25.00. and payment of an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 in duplicate for use on their official or private passenger automobiles. Such license plates shall be fastened to both the front and the rear of the vehicle. No more than two sets of honorary consular corps license plates shall be issued to any country. Such plates shall not be used by any person after his or her appointment has ended. (b) The commiasienef may begin issuing consular corps- license plates- for the year 1076 and thereafter License plates issued under this Code section shall not be transferred so as to be used by any person other than the person to whom such plate was originally issued but shall be transferred to another vehicle as provided in Code Section 40-2-80. (c) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
SECTION 13. 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 lieu thereof the fol lowing:
"(a) Motor vehicle owners who have been awarded the Medal of Honor and who are res idents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates shall be transferred to another vehicle subsequently acquired fey the Medal ef- Hener recipient as provided in Code Section 40-2-80."
SECTION 14. Said title is further amended by striking Code Section 40-2-70, relating to special license plates for disabled veterans not qualifying under Code Section 40-2-69, and inserting in lieu thereof the following:
"40-2-70.
Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate 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 con nected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title

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48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as dis abled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Sec tion 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 15. 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 insert ing in lieu thereof the following:
"(b) Such license plates so issued shall be transferred to another vehicle subsequently acquired by web disabled veteran as provided in Code Section 40-2-80."
SECTION 16. 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 lieu thereof the fol lowing:
"(b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable condi tions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registration fees, shall be issued additional distinctive personalized license plates. Such license plates 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 17. Said title is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for persons with disabilities, and inserting in lieu thereof the fol lowing:
"(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 shall be transferred to another vehicle subsequently acquired by stteb person as provided in Code Section 40-2-80."
SECTION 18. 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 lieu thereof the fol lowing:
"(c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passen ger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall be transferred to another vehicle subsequently acquired by seh person as provided in Code Section 40-2-80."
SECTION 19. Said title is further amended by striking subsections (c), (e), and (f) of Code Section 40-2-76, relating to alternative fueled vehicle license plates, and inserting in lieu thereof the following:
"(c) Any resident motor vehicle owner desiring a special alternative fueled vehicle license plate shall submit to the commissioner a completed application form for such

THURSDAY, FEBRUARY 26, 1998

1139

vehicle. If the alternative fuel used by a vehicle is electricity, including without limita tion electricity from solar energy, the applicant shall submit a $60.00 $25.00 highway user 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 subsection (d) of this Code section, a resident motor vehicle owner shall be issued a special license plate under this Code section." "(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31; provided, however, that such a special license plate for an alternative fueled vehicle fueled by electricity, including without limitation electricity from solar energy, shall not be renewed without payment of an additional $60.00 $25.00 annual highway user fee for each such renewal, 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. (f) Notwithstanding the provisions of Code Section 40-2-131, the funds derived from the additional $6&09 $25.00 annual registration fee provided by this Code section shall be transmitted from the commissioner of revenue to the treasurer of the Department of Transportation to be used to defray the expense of enforcing the designated travel lanes and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department."
SECTION 20. Said title is further amended by striking subsection (e) of Code Section 40-2-77, relating to special license plates for antique or hobby or special interest vehicles, and inserting in lieu thereof the following:
"(e) Upon the sate e* transfer of any antique vehicle or hefeby e* special interest vehicle tot which special license pfartes have been issued te a pereeft and the subsequent aequisitie of another antique or hobby or special interest vehicle by the sane person, the Spe cial license plates issued under this Code section shall be transferred to the aubscqucntly acquired another antique or hobby or special interest vehictej as the case may be, as pro vided by Code Section 40-2-80."
SECTION 21. 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 lieu thereof the following:
^DJ\J.J UpOR IFftHSiCF Or tn& OWMG 1*8flip Or ft priVfltC J}L9SCH6F VCfllClC UpOH WfllCIi
there is a license plate distinctively identifying the ewaer thereof as a certified firelighter and acquisition fey the certified fircfightcr of anethe* mete* vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 22. Said title is further amended by striking Code Section 40-2-80, relating to transfer of spe cial license plates, and inserting in lieu thereof the following:
"40-2-80.
Except as otherwise provided by law, the The commissioner 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 decals, the currently valid special and distinctive license plates and special personalized prestige license plates authorized by this article shall be transferred from one vehicle to another vehicle of the same class of which ownership is subsequently acquired by the same person apon follow ing that person's transfer of or those persons' ceasing to own or operate on the public roads the vehicle for which such plate was originally issued and during the initial regis tration period for the acquired vehicle. If the vehicle acquired by such person is of a different class than the vehicle no longer owned or operated by such person, then upon payment by such person of any additional fee for registering such acquired vehicle, the

1140

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commissioner shall issue a new license plate to such person for use on such vehicle. Spe cial license plates and revalidation decals for such plates may be transferred in accord ance with the provisions of this Code section at any time after issuance or renewal thereof and until the expiration of the period for which issued."
SECTION 23. Said title is further amended by striking subsection (b) of Code Section 40-2-83, relating to special or prestige license plates for jointly owned vehicles, and inserting in lieu thereof the following:
prestige license plate and- the subsequent joint acquisition of a meter vehicle in the
HQ3DQ69 Or tn& PCVSOZI WllO "18 ftXTtflOl'lE&u tO O DIft111 9UCA SpCClftl OP prCST/l^G 11CCH9C plfluG
cial or prestige license plates issued pursuant to this article to joint owners shall be transferred to another vehicle having the same joint owners as provided by Code Section 40-2-80."
SECTION 24. Said title is further amended by striking subsections (b) and (d) of Code Section 40-2-84, relating to license plates for veterans awarded Purple Heart, and inserting in lieu thereof the following:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commis sioner and include the requisite fee. Said applicant may apply for and be limited to not more than one free license plate at a time; provided, however, that upon payment of the regular license fee provided for in Code Section 48-10-2 and payment of the manufactur ing fee provided for in this Code section, a veteran may obtain an additional such license plate. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 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 nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for each additional spe cial and distinctive license plate shall be $40.00 $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in sub section (d) of this Code section, such plates shall be nontransferable." "(d) Bawept as otherwise provided in this subsection, upon transfer ef- the ownership ef

U36 UlC plBXG 8AUi ttlCFG Dy "OC 6bflC6l6CrJ ttOWVCF } flltCP SUCil "ft tFQJlSICi? Or
pursuant to this Code section 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 quali fying veteran's death or acquired thereafter, so long as such person does not remarry."
SECTION 25. Said title is further amended by striking subsections (b) and (d) of Code Section 40-2-85, relating to license plates for veterans who survived attack on Pearl Harbor, and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 26, 1998

1141

"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commis sioner and include the requisite fee. The commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promul gate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufactur ing fee for such special and distinctive license plates shall be $4(XOO $25.00. The commis sioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
"(d) Except as otherwise provided i this subsection, pe transfer f the ownership of ft privfttc pd886n^cp vcnicic upon WHICH tliere ts ft intense pifltc ui8cine11vciy

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pursuant to this Code section 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 Har bor on December 7, 1941, shall continue to be eligible to be issued a distinctive personal ized 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 26. Said title is further amended by striking subsections (b) and (d) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof the following:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commis sioner and include the requisite fee. The commissioner shall design a distinctive license plate to commemorate service by the United States armed forces in wars listed in sub section (a) of this Code section. The commissioner shall promulgate such rules and regu lations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such spe cial and distinctive license plates shall be $60.00 $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in sub section (d) of this Code section, such plates shall be nontransferable." "(d) Except as otherwise provided in this subsection, pe transfer of the ownership of a private passenger vehicle pe which thef is a license ptete distinctively identifying
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pursuant to this Code section 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 eligi ble 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."

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JOURNAL OF THE HOUSE,

SECTION 27. Said title is further amended by striking Code Section 40-2-86, relating to special license plates for emergency medical technicians, and inserting in lieu thereof the following:
"40-2-86. (a) Subject te auboeetion {d} ef this Code section, meter vehicle owners who are resi dents ef the State ef Georgia and who are emergency medical technicians eWy licensed by this state; upen application accompanied by preef ef ownership ef such license and

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issued a license plate fer a private passenger vehicle upen which shaft1 be inscribed a- dis tinctive insignia and the letters 'EMT.' The commissioner may consult with any organi zations representing emergency medical technicians and- with emergency medical technicians residing in this state in the design ef the special license plate authorized by this subsection. (b) Upon transfer ef the ownership ef a private passenger vehicle upen which there is a special license plate as provided in subsection {a} ef this Code section and acquisition
pursuant te this Code section shall be transferred between vehicles as provided in Code Seetien 40-3-807 (c) Special liccnoc plates issued tinder this Code section shall be renewed annually with a rcvalidation deeal as provided in ede Section 40-2 '31 upen payment ef an additional
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affixed end displayed en license plates iaaaed tmder this Code section. (d) The eemmissJener shall retain aH applications for saeh special emergency medical technicians' license plates until a minimum ef 266 applications have been received. If
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ttian Jty 84 ef ^e year preceding Ac year ef issuance ef such plates, ne stteh speeial
shall be issued in compliance with the state meter vehicle laws relating te registration and licensing ef ateter vehicles as prescribed in Article 2 ef this chapter. Ne emergency medical technician shatt be entitled te mere than ene special and- distinctive meter vehiele license plater Reserved."
SECTION 28. Said title is further amended by striking subsection (b) of Code Section 40-2-86.3, relating to license plates commemorating Civil War battlefields and historic sites, and inserting in lieu thereof the following:
"(b) tJpen transfer ef the ownership ef a private passenger vehiele apen which there is a special license plate as provided in subsection (a> ef this Code acction, stteh plate shellbe removed and the authority te use the plate shall thereby be canceled; provided, hew-
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acquire another meter vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 29. - Said title is further amended by striking subsection (c) of Code Section 40-2-86.4, relating
to license plates supporting public schools, and inserting in lieu thereof the following: "(c) IJpea transfer ef the ownership ef a private paascnger vehicle upon which -there is a special license plate as provided subsection {a} ef this Code section, such plate shall be removed and the authority te use the plate shall thereby be canceled; provided, hew-
CVCFj tllftt OitiQT SUCil Ct vFflllSlCr Or OWHfJl*9lllp OCCW9, 9I1OUICI tftC 11CCA9C plftvC wOlQCF
acquire another meter vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."

THURSDAY, FEBRUARY 26, 1998

1143

SECTION 30. Said title is further amended by striking subparagraph (C) of paragraph (14) of Code Sec tion 40-3-4, relating to exclusions from requirement for certificate of title, and inserting in lieu thereof the following:
QxciusioR provided tot m suopofo^pdpfi \AJ of tois pttFA^r&fnt cmd WAICA is pcf* feeted e er before the date sack vehicle becomes subject te fee operation ef attbporagraph (A) ef this paragraph ahoH lapse unless a notice of- stieh aecurity intcrcat r Hea is filed wrth the commissioner within 36 days from the date such vehicle becomes subject te the exclusion provided for in aubporogfaph (A) ef this paragraph. #*HJ1 A security interest in or lien against a vehicle which is subject to the exclu sion provided for in subparagraph (A) of this paragraph and which arises after such vehicle becomes subject to the operation of subparagraph (A) of this para graph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title. <&}(") The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this par agraph;"
SECTION 31. Said title is further amended by striking subsection (a) of Code Section 40-3-27, relating to procedures for reflecting subsequent transactions on certificates of title, and inserting in its place the following:
"(a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee ef $&08 a fee as provided by. Code Section 40-3-38. and the title application shall be mailed by registered er certified mail, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title direct ing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commis sioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return registered er certified mail receipt as proof of such person's compliance with this Code section."
SECTION 32. Said title is further amended by striking the word "and" at the end of paragraph (3), striking the period at the end of paragraph (4) and inserting in lieu thereof the symbol and word "; and", and adding a new paragraph (5) to Code Section 40-3-31, relating to lost, stolen, mutilated, or destroyed certificates of title, to read as follows:
"(5) A replacement title when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner

1144

JOURNAL OF THE HOUSE,

setting forth the circumstances of nonreceipt of the title. The owner shall report the nonreceipt or loss and apply for replacement of the title to the commissioner within 60 days of the issuance of such title by the commissioner. An applicant shall provide an affidavit of nonreceipt and verify his or her current mailing address."
SECTION 33. Said title is further amended by striking subsection (j) of Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, which reads as follows:
"(j) If any insurance company pays a total loss claim to the registered owner of a sal vage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commis sioner of the license plate number of such salvage motor vehicle."
SECTION 34. Said title is further amended by striking subsection (f) of Code Section 40-3-37, relating to salvage or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, and inserting in lieu thereof the following:
"(f)(l) Motorcycles which are over 25 years old shall be exempt from the salvage kws of this state. (2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word 'rebuilt.'"
SECTION 35. Said title is further amended by striking subsection (a) of Code Section 40-3-52, relating to perfection of certain security interests, and inserting in its place the following:
"(a) If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent secu rity interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a $&60 filing fee as provided by Code Section 40-3-38, by registered f certified mail, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title direct ing such custodial security interest holder or lienholder within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commis sioner or the commissioner's duly authorized county tag agent in order that the commis sioner or authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instruc tions contained in the notice. The commissioner or authorized county tag agent, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on such commissioner's or authorized county tag agent's records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter."
SECTION 36. Said title is further amended by striking subsection (a) of Code Section 40-3-53, relating to perfection and enforcement of liens, and inserting in its place the following:
"(a) If the holder of any lien as defined in paragraph (7) of Code Section 40-3-2 (except gi except the holder of a mechanic's lien, perfection of which is prescribed in Code Section 40-3-54}2 desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed and

THURSDAY, FEBRUARY 26, 1998

1145

shall forward such notice and title application, together with a $6.00 fee as provided by. Code Section 40-3-38. either personally or by registered ef certified mail, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certifi cate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the registered er certified mail receipt as proof of compliance with this Code section."
SECTION 37. Code Section 48-5-473 of the Official Code of Georgia Annotated, relating to returns for taxation of motor vehicles and application for and issuance of license plates upon payment of taxes due, is amended by adding a new subparagraph (a)(2)(C) to read as follows:
"(C) Notwithstanding any provision of subparagraph (A) of this paragraph, a motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, pay able, or collected at the time of its registration during any initial registration period for such vehicle the date of acquisition or application for initial registration of which occurred within the new owner's registration period if the new owner has dur ing that same owner's registration period been issued a valid license plate or revalidation decal for another vehicle which is to be transferred to such acquired vehicle as otherwise provided by law."
SECTION 38. This section and Sections 1 and 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. All other sections of 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 39. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Stancil of the 16th, Powell of the 23rd and Pinholster of the 15th move to amend the Committee substitute to HB 1430 by striking from lines 38 and 39 of page 6 the words "the following" and inserting in place thereof the following:
"new subsections (b) and (c) to read as follows".
By striking the quotation mark on line 20 of page 7 and inserting between lines 20 and 21 of page 7 the following:
"(c) The commissioner shall provide appropriate procedures whereby, when the regis tered owner of a jointly owned motor vehicle is deceased, the license plate issued for the motor vehicle may, upon appropriate application and payment of fees, be transferred to the surviving owner's name, provided that the surviving owner acquires a new certificate of title under subsection (d) or paragraph (1) of subsection (e) of Code Section 40-3-34 and makes the payment of appropriate ad valorem taxes.'"

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to HB 1430 as follows:
Insert between line 4 and 5 page 27 "Section 37A"
Said chapter is further amended by striking subsection (d) of Code Section 48-5-380, relat ing to refunds of taxes and license fees by counties and municipalities, and inserting in its place a new subsection (d) to read as follows:

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"(d) Any refunds approved or allowed under this Code section shall be paid from funds of the county or municipality to which the taxes or license fees were originally paid. Refunds shall be paid within 60 days of the approval of the taxpayer's claim or within 60 days of the entry of a final decision in any action for a refund and shall include inter est on the amount of such refund at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00."

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

N Alien NAndenon NAshe N Bailey Y Bannister EBarfoot Y Barnard
Baraes N Bates N Benefield NBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown NBuck N Buckner YBunn YBurkhalter NByrd Y Campbell
Canty YCash N Channel!
Y Childera Y Clark YCoan Y Coleman, B NColeman, T NConnell Y Cooper N Crawford Y Crews

Y Culbreth
N Davu>, G Y Davis, M YDay Y DeLoach, B YDeLoach, G YDix NDiion
Dobbs Y Dukes YEhrhart NEpps Y Evans Y Everett Y Felton NFloyd Y Franklin N Golden Y Graves
Greene Y Grindley Y Hammontree N Banner Y Harbin N Heard NHecht NHeckstall N Hegstrom YHenson N Holland N Holmes N Houston 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 Y Lewis NLord N Lucas Y Maddoi YMann
Manning N Martin, J Y Martin, J.L YMassey
McBee NMcCall N McClinton
McKinney Y Mills N Mobley N Mosley Y Mueller N O'Neal NOrrock NParham

NParrish Y Parsons
Pelote N Perry Y Pinholster NPoag NPolak E Ponder N Porter NPowell NPurceU YRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett NScheid N Scott N Shanahan
NShaw SherriU
YShipp NSims 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 YSneUing N Snow YStallings N Stancil, F N Stancil, S
Stanley, L Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas Tilunan Y Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson N West
Y Westmoreland NWhitaker YWUes Y Williams, B YWilliains,J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 75, nays 90. The amendment was lost.

Representative McBee of the 88th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendments were read and adopted:

Representatives Powell of the 23rd, Parham of the 122nd, Roberts of the 162nd and Porter of the 143rd move to amend the Committee substitute to HB 1430 by striking line 16 of page 10 through line 6 of page 11 and inserting in its place the following:
"Said title is further amended by striking subsections (e) and (g) of Code Section 40-2-49, relating to license plates promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources, and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 26, 1998

1147

'(e) The Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund shall bear the cost of the manufacture of each such license plate. The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wild life Conservation and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and shall be expended only for the purposes enumerated in subsection (b) of Code Section 12-3-602.'
'(g) Wildlife conservation fund license plates shall be transferred from one vehicle to another subsequently acquired vehicle in accordance with the provisions of Code Section 40-2-42.'"

Representatives Powell of the 23rd, Parham of the 122nd, Roberts of the 162nd and Porter of the 143rd move to amend the Committee substitute to HB 1430 by striking line 22 of page 15 and inserting in lieu thereof the following:
"Said title is further amended by striking".
By striking lines 26 through 34 of page 15 and inserting in lieu thereof the following:
'"40-2-77.
(a) As used in this Code section, the term "antique or hobby or special interest vehicle" means any motor vehicle which is over 25 years old or a motor vehicle which has been designed and manufactured to resemble an antique or historical vehicle and which is owned as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses but which may be used for general transportation.
(b) Upon application, registration, and payment of an annual registration fee of $20.00, the commissioner shall issue a special license plate, as described in this Code section, for every antique or hobby or special interest vehicle within the state which is a private passenger car, truck weighing less than 14,000 pounds, or motorcycle.
(c) For antique vehicles or hobby or special interest vehicles, said license plates shall be of metal at least six four inches wide and not less than i2 seven inches in length and shall show in bold characters the words "Antique Vehicle" or "Hobby or Special Interest Vehicle," as appropriate, the full name or the abbreviation of the name of the state, serial number distinctive numbers or letters or a combination thereof, and other distinc tive markings as in the judgment of the commissioner will to the best advantage adver tise, popularize, and otherwise promote the state. The serial numbers shall commence with the number one and continue in consecutive numerical sequence.
(d) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passen ger carz truck weighing less than 14,000 pounds, or motorcycle, as applicable, before issu ing these plates in lieu of the regular Georgia license plate.
(e) Upen the sate er transfer of aay antique vehicle e* hebby er special interest vehicle for whieh special license plates have been issued te ft person and the subsequent acquiai ties ef- another antique er hebby er special interest vehicle by the seme person, the Spe cial plates issued under this Code section shall be transferred to th subsequently acquired another antique or hobby or special interest vehicle as provided by Code Sec tion 40-2-80.
(f) Any vehicle for which an antique vehicle or hobby or special interest vehicle license plate has been issued pursuant to this Code section may be operated upon the roadways of this state in the same manner and under the same conditions as any vehicle bearing a regular Georgia license plate. No owner of such antique vehicle or hobby or special interest vehicle shall be required to obtain any special permits for its operation on the roads of this state.'"

1148

JOURNAL OF THE HOUSE,

By inserting "Section 20 of this Act shall become effective on January 1, 1999." after the word and symbol "approval." on line 8 of page 27.

The Committee substitute, as amended, was adopted.

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

Y Alien Y Andersen
YAshe Y Bailey Y Bannister
EBarfoot Y Barnard YBames 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 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 YDay Y DeLoach, B Y DeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall
Y Hegstrom YHenson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins 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
McBee YMcCaU Y McClinton
McKumey Y Mills
Y Mobley Y Mosley Y Mueller Y O'Neal YOnock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster
YPoag YPolak E Ponder Y Porter Y Powell YPurcell
Ragas YRandall
Ray Y Reaves Y Reichert YRice Y Richardson
Y Roberts Rogers
Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan 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
Smyre Y Snelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson Y West Y Westmoreland YWhi taker Y WUes 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative McBee of the 88th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 1002. By Representative Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to specify the educational purposes and programs for which lottery proceeds may be appropriated and expended.

The following Committee substitute was read:

THURSDAY, FEBRUARY 26, 1998

1149

A RESOLUTION
Proposing an amendment to the Constitution so as to specify the educational purposes and programs for which lottery proceeds may be appropriated and expended; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (c) and inserting in its place a new subparagraph to read as follows:
"(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lot teries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate bud get category entitled 'Lottery Proceeds' and the Governor shall make specific recom mendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lot tery or lotteries by such separate budget category to educational programs and educa tional purposes as specified by the General Assembly. Such net proceeds shall be used to support improvements and enhancements for educational programs and purposes and such net proceeds shall be used to supplement, not supplant, existing resources for educational programs and purposes. The educational programs and educational purposes for which proceeds may be so appropriated shall include only the following:
(1) Tuition grants, scholarships, or loans to citizens of this state to enable such citi zens to attend colleges and universities located within this state, regardless of whether such colleges or universities are operated by the board of regents or its authority, or technical schools operated by the authority of the Department of Technical and Adult Education or its successor;
(2) Pre-kindergarten programs;
(3) An educational shortfall reserve;
(4) Costs of providing to all levels of public education in this state funds for training in the use and application of computers and advanced technology including, but not limited to, the state-wide distance learning network and costs for repairing and main taining advanced instructional technology; and
(5) Capital outlay projects for educational purposes;
provided, however, that in appropriating lottery proceeds for the items listed in para graphs (4) and (5) of this subsection, such funding shall be expended only on the affir mative vote of two-thirds of each house of the General Assembly and upon the approval of the Governor."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

1150

JOURNAL OF THE HOUSE,

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to specify the educational pur poses and programs for which lottery proceeds may be appropriated and
( ) NO expended?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read:

Representatives Crews of the 78th and Mills of the 21st move to amend the Committee substitute to HR 1002 as follows:
On page 2, move the language from line 14 to line 22 and move the language from line 22 to line 14 and renumber accordingly.

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

NAlkn N Andersen NAshe N Bailey N Bannister EBarfoot N Barnard NBarnes N Bates NBenefield NBiidsong YBohannon N Bordeaux N Bradford YBreedlove N Bridges N Brooks N Brown NBuck NBuckner YBunn N Burkhalter NByrd N Campbell N Canty YCash NChanneU NChilden N Clark YCoan N Coleman, B N Coleman, T NConnell
N Cooper N Crawford Y Crews

N Culbreth N Cummings N Davis, G Y Davis, M NDay NDeLoach, B NDeLoach, G NDii NDizon NDobbs N Dukes
NEhrhart NEpps N Evans
NEverett N Felton NFloyd Y Franklin
N Golden N Graves NGreene NGrindley N Hammontree N Banner N Harbin N Heard NHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard NHudgens N Hudson, H

N Hudson, N
N Hugley Nlivin N Jackson
N James N Jamieson NJenkins N Johnson Y Johnston N Jones
Y Joyce YKaye YLadd NLakly NLane
NLee Y Lewis YLord N Lucas N Maddoi NMann N Manning
N Martin, J N Martin, J.L
NMassey NMcBee NMcCall N McClinton N McKinney Y Mills
N Mobley NMosley Y MueUer NO'Neal
Orrock NParham

NParrish N Parsons N Pelote N Perry
N Pinholster NPoag NPolak E Ponder
N Porter NPowell
NPurcell NRagas NRandall NRay N Reaves N Reichert NRice N Richardson N Roberts N Rogers NItoyal Y Sanders N Sauder N Scarlett NScheid N Scott N Shjuuiluui NShaw NSherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 18, nays 158. The amendment was lost.

The following amendment was read and adopted:

N Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre NSneUing NSnow NStallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor
NTeague NTeper N Thomas NTfflman N Titus N Tolbert NTiense N Turnquest NTwiggs N Walker, L N Walker, R.L
N Watson NWest N Westmorland N Whitaker
NWUes N Williams, B
N Williams, J N Williams, R NWorthan
NYates Murphy, Spkr

THURSDAY, FEBRUARY 26, 1998

1151

Representative Barnes of the 33rd moves to amend the Committee substitute to HR 1002 as follows: By striking "existing resources" on page 2 line 3 and inserting therein:
"resources existing on Jan. 1, 1993" And by inserting after "for" on line 20 page 2 the following:
"installing,"
The following amendment was read:
Representative Kaye of the 37th moves to amend the Committee substitute to HR 1002 as follows: Page 2 line 27 insert after "Governor"
"and only after paragraphs (1) and (2) are fully funded".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien
NAnderson NAshe N Bailey Y Bannister
EBarfoot N Barnard NBarnes Y Bates NBenefield NBirdsong YBohannon N Bordeaux Y Bradford NBreedlove Y Bridges N Brook. Y Brown NBuck NBuckner YBunn NBurkhalter NByrd N Campbell N Canty YCaah N Channel!
NChilden Y Clark NCoan NColeman, B N Colenun, T
NConnell Y Cooper N Crawford N Crews

NCulbreth N CununiiigB
NDvis,G YDavis, M YDay NDeLoach, B YDeLoach,G NDix YDizon NDobbs N Dukes YEhrhart NEpps Y Evans
NEverett NFelton NFloyd Y Franklin N Golden Y Graves NGreene YGrindley YHammontree N Manner Y Harbin N Heard NHecht N Heckstall NHegstrom NHenson N Holland
N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddoi YMann Y Manning
N Martin, J N Martin, J.L YMassey NMcBee
NMcCall N McClinton N McKinney N Mills N Mobley NMosley YMueUer NO'Neal NOrrock NParham

NParrish
Y Parsons N Pelote N Perry Y Pinbolster
NPoag NPolak E Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves
N Reichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders YSauder Y Scarlett YScheid
N Scott Shanahan
NShaw NSherrill YShipp NSims N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 53, nays 123. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker Y Wiles N Williams, B N Williams, J N Williams, R Y Worthan
YYates Murphy, Spkr

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.

1152

JOURNAL OF THE HOUSE,

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

Y Alien Y Andersen YAahe Y Bailey Y Bannister EBarfoot Y Barnard YBarnn Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn YBurkhalter
YByrd Y Campbell Y Canty YCash Y Channel! YChildere 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 YDeLoach, B
YDeLoach, G YDix YDizon YDobbs Y Dukes
YEhrhart YEpps Y Evans YEverett Y Pelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley YHammontree YHanner
Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins 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 YMcBee YMcCall Y McCUnton Y McKinney Y Mills Y Mobley YMosley YMueller YO-Neal YOrrock YParham

YParrisb Y Parsons YPelote Y Perry Y Pinholster
YPoag YPolak E Ponder Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan 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 YSneUing YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
YTeague YTeper Y Thomas Y Tinman Y Titus YTolbert
Trense YTumquest YTwiggs Y Walker, L Y Walker, RL Y Watson 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, by substitute, as amended, the ayes were 176, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

Representative Trense of the 44th 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 1:45 o'clock this afternoon.

THURSDAY, FEBRUARY 26, 1998

1153

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

The following Resolutions of the House were read and adopted:

HR 1175. By Representatives Brooks of the 54th, Davis of the 48th and Jones of the 71st:
A resolution in honor of the life of Mr. Lessie Smith, Jr.

HR 1176.

By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A resolution commending the City of Rome, Georgia, the South's most liv able city.

HR 1177. By Representative Johnson of the 84th:
A resolution commending Walter Johnson, Sara Johnson, Ginger Johnson, Julie Johnson, Dodie Johnson, Jim Pratt, and Kyle Pratt.

HR 1178. By Representative Bannister of the 77th: A resolution commending Jean Roets.

HR 1179.

By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A resolution commending the members and coach of the Riverside Middle School Academic Bowl Team.

HR 1180. By Representatives Scarlett of the 174th and Tillman of the 173rd: A resolution recognizing and commending Ms. Diana Cason.

HR 1181.

By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution commending the 1997-1998 Eagle's Landing High School Wrestling Team and their coaches and managers.

HR 1182. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Ernestine E. Manigault.

HR 1183. By Representative Epps of the 131st: A resolution commending and honoring George Edward Washington.

HR 1184. By Representative Epps of the 131st: A resolution commending and honoring George R. Moore.

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JOURNAL OF THE HOUSE,

HR 1185. By Representatives Lane of the 146th, Martin of the 145th, Smith of the 175th, Scarlett of the 174th and Buckner of the 95th:
A resolution commending "The A-B-C's for Georgia's Children".

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1679 Do Pass, by Substitute HB 1729 Do Pass, by Substitute SR 86 Do Pass, as Amended
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 1590 Do Pass HB 1747 Do Pass
HR 1092 Do Pass HR 1095 Do Pass HR 1097 Do Pass HR 1098 Do Pass

HR 1101 Do Pass HR 1102 Do Pass
HR 1106 Do Pass HR 1111 Do Pass HR 1154 Do Pass SB 337 Do Pass, by Substitute

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

HB 1435.

By Representatives Henson of the 65th, Mueller of the 152nd, Jones of the 71st, Hudson of the 120th and Orrock of the 56th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to con tinuing education and the scope of practice of chiropractic.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chi ropractors, so as to change the provisions relating to continuing education; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 26, 1998

1155

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Section 43-9-11, relating to renewal of licenses, and inserting in its place the following:
"43-9-11. Every person who receives or has received a license to practice chiropractic from the board shall pay the board on or before the renewal date a fee in an amount established by the board, payment of which shall renew his license to practice chiropractic for the ensuing two years, provided that the board has satisfactory evidence that the applicant for renewal has completed a minimum of i3 20 hours of continuing education per year as approved by the board. All chiropractic colleges teaching an approved course of instruction shall be classified as approved."
SECTION 2. This Act shall become effective on January 1, 1999.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Buck of the 135th stated that he would like to be recorded as voting "aye" on HB 1435.

HB 1157.

By Representative Childers of the 13th:
A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Anno tated, relating to limitations of actions, so as to extend the time limit appli cable to certain actions for trespass upon or damage to realty; to change certain provisions regarding limitations on recovery for deficiency in plan ning, supervising, or constructing improvements to realty or for resulting injuries to property or persons.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limi tations of actions, so as to extend the time limit applicable to certain actions for damage to realty; to provide for an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by striking Code Section 9-3-30, relating to trespass or damage to realty, and inserting in its place a new Code Section 9-3-30 to read as follows:
"9-3-30.

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(a) Except as provided in subsection (b) of this Code section, all AH actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues. (b) Actions for damage to realty arising from the use or application of synthetic stucco shall be brought within eight years after the right of action accrues."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representatives Cash of the 108th and Evans of the 28th were excused from voting on HB 1157.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1253.

By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Tillman of the 173rd and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Pro gram.

The following Committee substitute was read:

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program; to provide a short title; to pro vide for definitions; to provide for grants and the terms and conditions related thereto; to provide for administration of the grant program and qualifications related thereto; to pro vide for contracts; to provide for rules and regulations; to provide for audits and reports; to prohibit certain conduct; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 17 to read as follows:
"CHAPTER 17
2-17-1. This chapter shall be known and may be cited as the 'Georgia State Nutrition Assist ance Program (SNAP).'
2-17-2. As used in this chapter, the term:
(1) 'Department' means the Georgia Department of Agriculture.

THURSDAY, FEBRUARY 26, 1998

1157

(2) 'Emergency food provider' means a nonprofit, charitable organization that offers groceries or meals to people who are in need of food assistance and who reside in this state. (3) 'Program' means the Georgia State Nutrition Assistance Program (SNAP) created by this chapter. (4) 'Program participant' means an individual or household which is in need of shortterm food assistance to supplement the diet in order to prevent hunger or malnutrition, or both. (5) 'Regional food bank' means an established nonprofit charitable organization which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 and which, as part of an existing food bank network, maintains a food distribution operation providing food to nonprofit food pantries and feeding centers that offer groceries or meals to people in need of food assistance.
2-17-3.
(a) The Georgia State Nutrition Assistance Program (SNAP) is established to provide grants to regional food banks within this state for the purchase, transportation, storage, and distribution of food to emergency food providers and program participants. Such grants shall be made from funds available to the department for such purpose. Grants made pursuant to the program shall be used only for the purchase of food or agricultural commodities from Georgia based purveyors or producers for repacking or processing, or both, of food for distribution to emergency food providers and program participants. (b) The program shall be administered by the department. (c) All food purchases made through the use of program funds shall be made in accord ance with the following standards:
(1) All food shall be procured from Georgia based sources; (2) Food shall be purchased at wholesale, competitive bid prices or better; and (3) Food purchased with funds through the program shall not duplicate food available through the federal commodities program of the United States Department of Agricul ture. (d) Not more than 7 percent of the grant funds made available through the program shall be used by any regional food bank for the payment of administrative and inciden tal costs. (e) The department shall contract with regional food banks for the operation of the pro gram. The department, in conjunction with regional food banks, is authorized to take appropriate actions, including the entry of subcontracts, to ensure uniform access to the program by needy residents of this state. (f) The department shall, by rule or regulation, establish and enforce procedures and guidelines for the determination of eligibility for participation in the program. Such rules, regulations, and procedures shall not limit or affect the established guidelines used by emergency food providers for any of their programs for which no funds are provided through the program established pursuant to this chapter. No person who is eligible for food funded by the program shall be charged for food or encouraged to contribute money in order to receive food under the program.
2-17-4.
The program established pursuant to this chapter and any funds granted pursuant to this chapter or expenditures made with such funds are subject to review and audit by the department and the state auditor to determine proper operation of the program and compliance with statutes, regulations, and policies. Contractors, subcontractors, and oth ers receiving funds or commodities under this chapter shall be subject to audit and review by the state auditor at reasonable times.
2-17-5.
Within 90 days of the conclusion of the state's fiscal year, any entity with which the department has contracted for the operation of the program shall submit to the depart ment an annual report which shall account fully for and shall specify the expenditure of funds made pursuant to the program, the dollar value of Georgia products distrib uted, the number of people and households served in each county, and the type and

1158

JOURNAL OF THE HOUSE,

weight of food purchased. Within 180 days of the end of the state's fiscal year, the Com missioner shall submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Such report shall include, but not be limited to, relevant information concerning the operation of the program for the preced ing fiscal year, the quantity and dollar value of Georgia products distributed, the num ber of people and households served in each county, and the type and weight of food purchased.
2-17-6.
It shall be unlawful for any person providing voluntary services to the department or to any regional food bank or emergency food provider which receives funds or food through the program or for any official or employee of the department to receive food for personal use through the program or to provide services for profit pursuant to the program created by this chapter. Any person violating this Code section shall be guilty of a misdemeanor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Rice of the 79th moves to amend the Committee substitute to HB 1253 as follows:
Page 2, delete after period on line 18 through line 22
Page 2, delete lines 27 & 28
Page 3, line 40 delete "Georgia" renumber accordingly.

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

N Alien NAndenon NAshe N Bailey
Y Bannister EBarfoot N Barnard
Barnes Y Bates NBenefield
Birdsong YBohannon
N Bordeaux Y Bradford YBreedlove Y Bridget N Brooks Y Brown
NBuck NBuckner YBunn N Burkhalter NByrd
Campbell N Canty
YCash NChannell
Childen Y Clark YCoan Y Coleman, B NColeman, T
Connell

N Cooper N Crawfoid Y Crews Y Culbreth Y Cumnungs N Davis, G Y Davit, M YDay
DeLoach, B YDeLoach, G EDii NDizon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett YFelton NFloyd Y Franklin
Golden N Graves NGnene Y Grindley Y Hammontree
Manner Y Harbin N Heard NHecht NHeckstall NHegstrom NHenson

N Holland N Holmes N Houston
N Howard YHudgens
Hudson, H N Hudson, N
NHugley Ylrvin Y Jackson N James
Jamieson N Jenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd NLakly
Lane NLee Y Lewis NLord
N Lucas N Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall

N McClinton McKinney
Y Mills
N Mobley NMosley N Mueller NO'Neal NOrrock NParham NParrish Y Parsons N Pelote Y Perry Y Pinholster NPoag NPolak E Ponder N Porter N PoweU NPurcell NRagas
RandaU NRay
N Reaves N Reichert YRice N Richardson N Roberts N Rogers N Royal Y Sanders
Sauder YScarlett

E Scheid Y Scott
Shanahan NShaw NSherrill YShipp NSims
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 NSnelling NSnow NStallings
Stancil, F Y StancU, S
Stanley, L N Stanley, P N Stephens N Taylor
Teague NTeper N Thomas NTUhnan N Titus NTolbert NTrense

THURSDAY, FEBRUARY 26, 1998

1159

N Turnqurat NTwiggs N Walker, L

Y Walker, R.L N Watson
NWest

N Westmorland NWhi taker
Y Wiles

N Williams, B Y Williams, J
Y Williams, R

On the adoption of the amendment, the ayes were 59, nays 96. The amendment was lost.

YWorthan YYates
Murphy. Spiff

The following amendment was read and adopted:

Representative James of the 140th moves to amend the Committee substitute to HB 1253 by inserting following the word "department" on line 23 of page 2 the following:
"and all administrative costs shall be reimbursed to the department from the funds described in subsection (a) of this Code section.

The Committee substitute, as amended, was adopted.

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

Y Alien Y Andereon YAshe Y Bailey N Bannister EBarfoot Y Barnard
Bames Y Bates YBenefield
Binfoong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
YBuck YBuckner
YBunn NBurkhaltar
YByrd Campbell
Y Canty NCash Y Channel! YChilders Y Clark NCoan Y Coleman, B YColeman, T
Connell Y Cooper Y Crawford
Y Crews

YCulbreth Y Cummings Y Davis, G NDavis, M NDay YDeLoach, B YDeLoach, G EDii YDixon YDobbs Y Dukes NEhrhart
YEpps N Evans YEverett Y Felton YFloyd N Franklin Y Golden Y Graves YGreene NGrindley Y Hammontree Y Manner Y Harbin
Heard YHecbt YHeckstaU YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens
Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Y Johnston Jones
N Joyce NKaye NLadd YLakly
Lane YLee N Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton
McKinney NMUlB Y Mobley YMosley Y Mueller YO-Neal YOrrock YParham

YParrish Y Parsons YPelote
Y Perry Y Pinbolster
YPoag YPolak E Ponder Y Porter YPowell YPurcell
YRagas YRandaU
YRay Y Reaves YReichert NRice Y Richardson Y Roberts Y Rogers
Y Royal N Sanders Y Sauder YScarlett E Scheid Y Scott YShanahan YShaw YSherriU
YShipp YSims
Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling YSnow YStallings
Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTillman Y Titus Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, RL Y Watson
YWest Y Westmoreland YWhitaker N Wiles YWUliams, B
Y Williams, J YWUliams, R YWorthan
NYates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

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JOURNAL OF THE HOUSE,

Representative Martin of the 47th moved that HB 1522, which was previously post poned until today be postponed until Friday, February 27, 1998.
The motion prevailed.

SB 537. By Senators Henson of the 55th and Johnson of the 1st:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to allow for Sunday alcoholic beverage sales at motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons in certain counties; to provide for other related matters; to provide an effective date.

The following amendment was read:

Representative Mills of the 21st et al. move to amend SB 537 by striking "counties;" and inserting in its place "counties upon approval in a referendum;" on line 6 of page 1.

By striking lines 16 through 28 of page 1 and inserting in their place the following:

'"(f)(l) In each county having a population of 58,000 or more according to the United States decennial census of 1990, or any future such census in which the sale of alco holic beverages is lawful, the governing authority of the county may, by ordinance or resolution conditioned upon approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises on each day of the week, including Sun days between the hours of 12:30 P.M. and 12:00 Midnight, on the premises of motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons. As used in this subsection, the term 'premises' means restaurants, grandstands, and other event viewing areas owned, leased, or controlled by the estab lishment which is licensed to sell distilled spirits, malt beverages, or wines for con sumption on the premises.

(2) Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection, but only after a referendum election, shall so provide by proper reso lution or ordinance conditioned on a referendum. Upon receipt of such resolution or ordinance, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county for approval or rejection. The superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the governing authority of (name of county) be authorized to per mit and regulate Sunday sales of alcoholic beverages by the drink for consumption on the premises of motor sport road race track facilities?"

All persons desiring to vote for approval of Sunday sales shall vote "Yes," and those persons desiring to vote for rejection of Sunday sales shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday sales, the gov erning authority may by appropriate resolution or ordinance permit and regulate Sun day sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county in which the election is held. It shall be the duty of the superintendent to hold and conduct the election and to certify the result thereof to the Secretary of State.'"

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

THURSDAY, FEBRUARY 26, 1998

1161

N Alien YAndenon NAshe N Bailey Y Bannister EBarfoot Y Barnard NBames Y Bates NBenefield
Birdaong Y BohAnnon Y Bordeaux N Bradford NBnedlove Y Bridges N Brooks Y Brown NBuck N Buckner YBunn NBurkhalter YByrd Y Campbell Y Canty NCash N Channell N ChUdere Y Clark YCoan YColeman, B NColeman, T
Connell N Cooper
NCrawford Y Crews

N Culbreth Y Cununings N Davig, G Y DaTM, M YDay
DeLoach, B Y DeLoach, G EDix NDixon
NDobbe N Dukes YEhrhart NEppa Y Evans YEverett N Felton YFloyd N Franklin
Y Golden Graves
NGreene Y Grindley Y Hammontree N Manner N Harbin
N Heard NHecht NHeckstell
Hegstrom NHenson Y Holland N Holmes Y Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson Y Jenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly YLane NLee Y Lewis NLord N Lucas
Maddox YMarm Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley Y Moeley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons N Pelote Y Perry Y Pinholster YPoag NPolak E Ponder N Porter NPowell YPurceU NRagas NRandall
Ray N Reaves N Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders N Sauder Y Scarlett E Scheid Y Scott Y Shanahan NShaw NSherrill NShipp NSims N Sinkfield N Skipper Y Smith, C Y Smith, C.W
Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelUng YSnow NStallings NStancil, F Y Stancil, S
N Stanley, L N Stanley, P
Stephens N Taylor NTeague
Teper N Thomas NTillman Y Titus Y Tolbert YTrense
Tumquest Twiggs Walker, L
Y Walker, R.L N Watson
West Y Westmorland YWhitaker Y Wiles Y Williams, B
Y Williams, J N Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 80, nays 78. The amendment was adopted.

Representative Williams of the 114th moved that the House reconsider its action in adopting the Mills amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe Y Bailey N Bannister EBarfoot N Barnard YBarnes Y Bates Y Benefield
Birdsong NBohannon N Bordeaux Y Bradford YBreedlove N Bridges Y Brooks N Brown YBuck N Buckner NBunn Y Burkhalter NByrd N Campbell N Canty NCash Y Channell Y Childers N Clark

NCoan N Coleman, B Y Coleman, T
Connell Y Cooper Y Crawford N Crews Y Culbreth Y Cununings Y Davis, G Y Davis, M NDay
DeLoach, B Y DeLoach, G EDix YDixon YDobbs Y Dukes NEhrhart YEpps N Evans N Everett Y Felton YFloyd N Franklin N Golden
Graves YGreene Y Grindley

N Hammontree Y Manner Y Harbin Y Heard YHecht NHeckatall
Hegstrom YHenson Y Holland Y Holmes N Houston Y Howard N Hudgens Y Hudson, H N Hudson, N Y Hugley NIrvin N Jackson N James Y Jamieson N Jenkins
Johnson N Johnaton Y Jones N Joyce NKaye NLadd NLakly YLane

YLee N Lewis YLord Y Lucas
Maddox NMann Y Manning
Martin, J N Martin, J.L NMassey YMcBee YMcCall Y McClinton Y McKinney N Mills Y Mobley YMosley N Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster NPoag YPolak E Ponder

Y Porter YPowell YPurcell
YRagas YRandaU
Ray Y Reaves Y Reichert NRice N Richardson
Roberts Y Rogers
Y Royal N Sanders Y Sauder Y Scarlett
E Scheid N Scott Y Shanahan
YShaw YSherrill
YShipp Sims
Y Sinkfield
Y Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, L.R

1162

JOURNAL OF THE HOUSE,

N Smith, P N Smith, T N Smith, V
Smyre N Smiling YSnow YStallings

Y Stancil, F N Stances
Stanley, L Y Stanley, P
Stephens YTaylor YTeague

Teper Y Thomas YTillman N Titus Y Tolbert NTrense
Turnquest

Twiggs Walker, L
N Walker, R.L
N Watson
West
N Westmoreland NWhitaker

Y Wiles N Williams, B N Williams, J Y Williams, R N Worthan NYates
Murphy, Spkr

On the motion, the ayes were 90, nays 66. The motion prevailed.

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

N Alien NAnderaon
NAshe N Bailey Y Bannister EBarfoot Y Barnard NBaraes Y Bates N Benefield
Birdsong YBohannon Y Bordeaux N Bradford NBraedlove Y Bridges N Brooks Y Brown NBuck YBuckner YBunn NBurkhalter YByrd Y Campbell Y Canty YCash NChannell
N Childers Y Clark YCoan YColeman, B NColeman, T
Connell N Cooper N Crawford Y Crews

N Culbreth N CumningB N Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G EDix NDizon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett NFelton NFloyd
N Franklin Y Golden
Graves NGreene
Y Grindley Y Hammontree N Manner N Harbin N Heard NHecht
Heckstall Hegstrom NHenson N Holland N Holmes Y Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson YJenkins
Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis
NLord N Lucas
Maddox YMann N Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton
McKinney YMills N Mobley YMosley Y Mueller NO'Neal NOrrock NParham

NParrish N Parsons NPelote
Perry Y Pinholster YPoag NPolak E Ponder N Porter NPowell NPurcell NRagas NRandall
Ray N Reaves NReichert YRice Y Richardson
N Roberts N Rogers N Royal Y Sanders NSauder YScarlett EScheid Y Scott N Shanahan NShaw NSherrill NShipp NSims N Sinkfield N 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 YSnelling NSnow N Stalling* N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephens N Taylor NTeague N Teper N Thomas NTUlman Y Titus Y Tolbert YTrense
Turnquest Twiggs N Walker, L Y Walker, R.L Y Watson West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J N Williams, R YWorthan YYates N Murphy, Spkr

On the re-adoption of the Mills amendment, the ayes were 72, nays 90. The amendment was lost.

Representative Williams of the 83rd moved that SB 537 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Alien NAnderson
NAshe N Bailey Y Bannister
EBarfoot Y Barnard NBarnes
N Bates N Benefield
Birdsong

YBohannon Y Bordeaux N Bradford NBreedlove Y Bridges N Brooks Y Brown NBuck YBuckner YBunn N Burkhalter

NByrd Y Campbell N Canty YCash N Channell N Childers Y Clark YCoan Y Coleman B N Coleman, T
Connell

N Cooper N Crawford
Y Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G EDix

NDixon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett N Felton NFloyd Y Franklin N Golden

THURSDAY, FEBRUARY 26, 1998

1163

Graves NGreene N Grindley Y Hammontree N Manner N Harbin N Heard NHecht
Heckstall Hegstrom NHenson N Holland N Holmes Y Houston N Howard Y Hudgens Y Hudson, H N Hudson, N NHugley Ylrvin Y Jackson N James N Jamieson YJenkins Johnson

Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee YLewis NLord N Lucas
Maddoi YMann N Manning N Martin, J Y Martin, J.L YMassey NMcBee
NMcCaU N McClinton NMcKinney Y Mills N Mobley NMosley NMueUer

NO'Neal NOrrock NParham NParrish N Parsons N Pelote
Perry YPinholster NPoag NPolak E Ponder N Porter YPowell NPurcell NRagas NRandaU
Ray N Reaves NReichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders

NSauder NScarlett E Scheid
Y Scott N Sfaanahan NShaw NSherrffl NShipp NSims NSinkfleld N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R Y Smith,? Y Smith, T Y Smith, V NSmyre YSnelling NSnow NStallings N Stancil, F YStancil, S N Stanley, L

N Stanley, P Stephens
N Taylor NTeague NTeper N Thomas NTillman Y Titus YTolbert YTrense
Turnquest YTwiggs N Walker, L Y Walker, RX N Watson
West Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J N Williams, R Y Worthan YYates
N Murphy, Spb

On the motion, the ayes were 64, nays 100. The motion was lost.

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

Y Alien Y Anderson
YAshe Y Bailey
Bannister EBarfoot N Barnard YBarnes Y Bates Y Beneileld
Birdsong N Bohannon N Bordeaux Y Bradford Y Breedlove
N Bridges Y Brooks N Brown YBuck NBuckner NBunn YBurkhalter NByrd Y Campbell
Y Canty NCash YChannell
N Childers N Clark NCoan Y Coleman, B
Y Coleman, T Connell
Y Cooper Y Crawford
N Crews

Y Culbreth N Cummings Y Davis, G N Davis, M NDay NDeLoach, B
YDeLoach, 0 EDii YDixon
YDobbs YDukes YEhrhart YEpps N Evans NEverett
YFelton NFloyd N Franklin N Golden
Graves YGreene Y Grindley
N Hammontree YHanner Y Harbin
Y Heard NHecht
Heckstall Hegstrom YHenson N Holland Y Holmes N Houston Y Howard
N Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin N Jackson Y James YJamieson NJenkins
Johnson N Johnston Y Jones
N Joyce NKaye NLadd NLakly YLane YLee N Lewis YLord Y Lucas
Madden NMann Y Manning Y Martin, J Y Martin, JX NMassey YMcBee YMcCaU Y McClinton YMcKinney N Mills Y Mobley YMoeley
NMueUer YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry NPinholster NPoag YPolak E Ponder Y Porter NPowell NPurcell YRagas YRandall
Ray Y Reaves YReichert NRice N Richardson Y Roberts Y Rogers N Royal N Sanders Y Sauder YScarlett E Scheid N Scott Y Shanahan YShaw YSherrill YShipp YSims Y Sinkfield Y Skipper N Smith, C N Smith, C.W N Smith, L

On the passage of the Bill, the ayes were 92, nays 70.

N Smith, L.R N Smith, P N Smith, T N Smith, V YSmyre NSnelling YSnow Y Stallings Y Stancil, F N StancU, S Y Stanley, L Y Stanley, P
Stephens Y Taylor YTeague YTeper N Thomas
Tillman N Titus NTolbert NTrense
Turnquest NTwiggs Y Walker, L
N Walker, R.L N Watson
West N Westmoreland NWhitaker Y Wiles N Williams, B
N Williams, J Y Williams, R N Worthan NYates Y Murphy, Spkr

1164

JOURNAL OF THE HOUSE,

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

Representatives Bannister of the 77th and Birdsong of the 123rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

HB 1388.

By Representatives Smith of the 169th, Barnes of the 33rd, Mosley of the 171st, Byrd of the 170th, Dixon of the 168th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemption of property from ad valorem taxation, so as to broaden the ad valorem tax exemption for places of religious worship to include properties owned by any national, state, or local denomination and the agencies thereof.

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to provide an ad valorem tax exemption for all property owned by and operated exclusively as a church, an association or convention of churches, a convention mission agency, or as an integrated auxiliary of a church or convention or association of churches, when such entity is qualified as an exempt religious organization under Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended, and such property is used in a manner consistent with such exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, is amended by striking paragraph (2) of subsection (a) and inserting in its place new paragraphs (2) and (2.1) to read as follows:
"(2) All places of religious worship er burial; (2.1)(A) All places of religious worship; and (B) All property owned by and operated exclusively as a church, an association or convention of churches, a convention mission agency, or as an integrated auxiliary of a church or convention or association of churches, when such entity is qualified as an exempt religious organization under Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended, and such property is used in a manner consistent with such exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended;"
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 1998, general election. The Secretary of State shall issue the call and conduct that special elec tion as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:

THURSDAY, FEBRUARY 26, 1998

1165

"( ) YES ( ) NO

Shall the Act be approved which provides an ad valorem tax exemption
for all property owned by and operated exclusively as a church, an association or convention of churches, a convention mission agency, or as an integrated auxiliary of a church or convention or association of churches, when such entity is qualified as an exempt religious organization under
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and such property is used in a manner consistent with such exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons
desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1999, and shall apply to all tax years beginning on or after that
date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3. Except as 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 following amendment was read and withdrawn:

Representatives Bordeaux of the 151st and Teper of the 61st move to amend the Commit tee substitute to HB 1388 as follows:
On p. 1 line 27 add after "church" the words "or temple" and after "churches" the words "or temples"
Same changes on p. 2 lines 20, 21, 23 and 24.

The Committee substitute was adopted.

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

Y Alien Andereon
YAshe Y Bailey Y Bannister EBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown YBuck YBuckner YBunn

E Burkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channel! Y Childers Y Clark Y Com 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 E Dii Y Diion Y Dobbs Y Dukes Y Ehrhart Y Epps 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

Heckstall Hegstrom Y Hemon Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James Y Jamieson Y Jenkins Johnson Y Johnston Y Jones E Joyce Y Kaye

Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas
Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller

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JOURNAL OF THE HOUSE,

Y O'Neal Orrock
YParham Y Punish Y Parsons YPelote
Perry YPinholster YPoag YPolak E Ponder Y Porter YPowell YPurcell YRagas

Y Randall YRay Y Reaves YReichert Y Rice Y Richardson
Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett EScheid 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

Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor Y Teague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert Y Trense

Y Tumquest Y Twiggs Y Walker, L Y Walker, R.L
Watson 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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Stephens of the 150th, Connell of the 115th and Watson of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1388 was ordered immediately transmitted to the Senate.

Representative Lakly of the 105th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 537.

HB 751. By Representative Williams of the 114th:
A bill to amend Chapter 8 of Title 47 of the Official Code of Georgia Anno tated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Judicial Retirement System; to define certain terms; to provide for a board of trustees; to provide for powers and duties of the board of trust ees; to provide for the transfer of assets from the Superior Court Judges Retirement Sys tem, the Trial Judges and Solicitors Retirement Fund, and the District Attorneys' Retirement System into a fund created for such retirement system; to provide for the management of funds; to provide for membership and qualifications for membership; to provide for creditable service for certain prior service; to provide for the calculation and payment of employer and employee contributions; to provide that no salary used to calcu late a retirement benefit under this retirement plan may be used to calculate a benefit under any other state or local retirement plan; to provide for a retirement benefit; to pro vide for an early retirement benefit; to provide for a disability retirement benefit; to pro vide for a spouses' retirement option; to provide for the supplementation of retirement benefits; to provide for the payment of accumulated contributions; to provide for legisla tive intent; to provide for matters relative to the foregoing; to provide for the office of sen ior judge and qualifications and appointment to such office; to change certain references within the Official Code of Georgia Annotated; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 26, 1998

1167

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end thereof the following:
"CHAPTER 23 ARTICLE 1
47-23-1.
Aa used in this chapter, the term: (1) 'Average annual compensation' means the average annual compensation of a mem ber during the 24 consecutive months of creditable service producing the highest such average. (2) 'Beneficiary' means any person other than a retired member of a retirement sys tem who is receiving a benefit from that retirement system. (3) 'Board' means the Board of Trustees of the Georgia Judicial Retirement System. (4) 'County pension or retirement fund' means only those certain pension and retire ment funds provided for by local Acts applicable to certain named counties. (5) 'Creditable service' means prior service and membership service for which credit is allowable under this chapter, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall it include any service which has been or may be credited to a member by any other public retirement system of this state. (6) 'District attorney' means any district attorney holding office on July 1, 1998, and any district attorney taking office on or after July 1, 1998, except that the term dis trict attorney shall not include any district attorney: (A) Who was serving as a district attorney on June 30, 1998, and who was not a member of the District Attorneys' Retirement System; or (B) Who is a member of any other publicly supported retirement or pension system or fund created by any law of this state, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the district attorney from state funds. (7) 'District Attorneys' Retirement System' means that retirement system created by Chapter 13 of this title as such chapter existed prior to July 1, 1998. (8) 'Fund* means the Georgia Judicial Retirement System Fund provided for by Code Section 47-23-22. (9) 'Judge, solicitor, or solicitor-general of a state court' means a person elected or appointed to such office for a specific term. Such term shall not include any person acting as a judge or solicitor of a state court on a temporary basis or serving as judge or solicitor-general pro tempore of a state court. (10) 'Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 15-11-3 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems cre ated by local law. (11) 'Predecessor retirement system' means the District Attorneys' Retirement Sys tem, the Superior Court Judges Retirement System, and the Trial Judges and Solici tors Retirement Fund, collectively or individually. (12) 'Regular interest' means interest at such rate as shall be determined by the board of trustees, which interest shall be compounded annually. (13) 'Retirement system' means the Georgia Judicial Retirement System. (14) 'State court' means any court created pursuant to the provisions of Chapter 7 of Title 15 or any court continued as a state court by Article VI, Section X of the Con stitution of the State of Georgia; provided, however, that such term shall not include the State Court of Fulton County. (15) 'Superior Court Judges Retirement System' means that retirement system cre ated by Chapter 9 of this title as such chapter existed prior to July 1, 1998.

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JOURNAL OF THE HOUSE,

(16) "Trial Judges and Solicitors Retirement Fund' means that retirement fund cre ated by Chapter 10 of this title as such chapter existed prior to July 1, 1998.
ARTICLE 2
47-23-20. (a) There is created the Georgia Judicial Retirement System which shall be adminis tered by the Board of Trustees of the Georgia Judicial Retirement System provided for by this Code section. (b) The board shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and three additional members appointed by the Governor, each of whom shall be either:
(1) A superior court judge; (2) A state court judge; (3) A district attorney; (4) A state court solicitor-general; or (5) A juvenile court judge. (c) The first members appointed by the Governor pursuant to subsection (b) of this Code section shall be appointed to take office on July 1, 1998. The Governor shall desig nate two of the initial appointees to serve initial terms of two years and one of the ini tial appointees to serve a term of four years. Thereafter, the Governor shall appoint successors to take office upon the expiration of the respective terms of office for terms of four years and until their successors are appointed and qualified. Such members of the board shall be eligible for successive appointment as members and shall serve until their successors are appointed and qualified. Any vacancy for any reason in the member ship of the board appointed by the Governor shall be filled by appointment of the Gov ernor for the unexpired term. (d) The trustees may receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees and any committee meetings called pursuant to authorization of the board of trustees and for time spent in necessary travel. In addition to such amount, the trustees shall be reimbursed for all actual travel and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall not receive the daily expense allowance but shall be entitled to reimbursement of actual expenses. (e) Six members at any meeting of the board shall constitute a quorum to transact busi ness, but the affirmative vote of five members shall be necessary for a decision by the board. (f) The officers and director of the board shall be the same as the officers and director of the Board of Trustees of the Employees' Retirement System of Georgia.
47-23-21. (a) The board is given the following authority, powers, and duties:
(1) To contract with proper federal authorities for old-age, survivors, and disability insurance coverage under the Social Security Act; (2) To provide for the collection of all moneys provided for in this chapter; (3) To provide for the payment of all administrative expenses; (4) To hear and decide all applications for retirement and disability benefits provided for under this chapter; (5) To adopt such tables as it shall deem desirable in connection with the proper operation of the retirement system; (6) To provide for the payment of all retirement and disability benefits that may be determined to be due under the rules and regulations as adopted by the board; (7) To make and promulgate all necessary rules and regulations, not inconsistent with the laws of this state, to carry out this chapter and to distribute such rules and regu lations to members of this retirement system; (8) To determine eligibility of persons to receive retirement benefits and disability benefits under this chapter; (9) To make provisions for refunds and repayments to persons who may be entitled to receive them; and

THURSDAY, FEBRUARY 26, 1998

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(10) To keep records of all of its meetings. (b)(l) Subject to the terms and limitations of this subsection, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 7 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uni form or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall deter mine. (2) No increase granted pursuant to paragraph (1) of this subsection shall exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; pro vided, however, that no such increase shall exceed 1 Vz percent of the maximum monthly retirement benefit then in effect. (3) No increase shall be made pursuant to paragraph (1) of this subsection to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Article 7 of this chapter. (c) The board shall also have all other powers necessary for the proper administration of this chapter.
47-23-22. (a) The board shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited into the Georgia Judicial Retirement System Fund. The benefits provided for in this chapter and all administrative expenses shall be paid from such fund. The board shall have authority to expend the funds in accordance with this chapter. (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corpora tions organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limi tations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. (c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as advisers and counselors, who will make recommendations for investments and make investments if the board so authorizes.
47-23-23. The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest the same for the uses and purposes of the retirement system in accordance with this chapter.
47-23-24. The board shall keep permanent records of all its accounts in granting retirement and disability benefits and shall keep proper records and books concerning its operation.

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Each year the board shall publish an audited annual financial statement of the retire ment system.
47-23-25. In order to pay the administrative expenses of the fund and upon the receipt of a request from the board on or after July 1, 1998, and each year thereafter, the Depart ment of Administrative Services is authorized and directed to pay into the fund, from funds appropriated or otherwise available for the operation of the superior courts of this state, an amount sufficient to pay the administrative expenses of the fund as certified by the board to the Department of Administrative Services.
47-23-26. The board shall contract with the Employees' Retirement System of Georgia for the administration of the fund.
47-23-27. The Attorney General shall be legal adviser of the board.
47-23-28. All employer and employee contributions, plus the earnings on such amounts, made to a predecessor retirement system by or on behalf of any member of this retirement sys tem, together with all other funds and assets held by such retirement systems shall be transferred to the Georgia Judicial Retirement System Fund created by this article on July 1, 1998.
ARTICLE 3
47-23-40. Any person who on June 30, 1998, was an active, inactive, or retired member of a prede cessor retirement system shall be transferred to this retirement system in the same sta tus effective July 1, 1998. Any person who on June 30, 1998, was a beneficiary of a predecessor retirement system shall become a beneficiary of this retirement system in the same status effective July 1, 1998; provided, however, that, except as otherwise expressly provided, the benefits of any beneficiary so transferred shall continue to be calculated as such benefits were calculated on June 30, 1998.
47-23-41. (a) Any person who becomes a superior court judge, a judge or solicitor-general of a state court, a juvenile court judge, or a district attorney on or after July 1, 1998, shall be a member of this retirement system and shall make employee contributions into the fund. The provisions of this subsection shall not apply to a person who elected member ship in the Employees' Retirement System of Georgia pursuant to Code Section 47-2-260. (b) No juvenile court judge who also serves as a judge or solicitor-general of a state court shall be eligible to obtain separate service under this chapter for each position held, and such service shall be combined for the purposes of this chapter. Any person holding two such positions shall make employee contributions under this chapter on the basis of the compensation received for both such positions, and the compensation received for both such positions shall be combined for all purposes under this chapter.
47-23-42. Judges and solicitors-general of state courts who are members of the Employees' Retire ment System of Georgia pursuant to Code Section 47-2-290 shall not be eligible to become members of this retirement system.
47-23-43. Any person subject to the provisions of Code Section 47-2-334 who is employed pursuant to Code Section 28-4-3 or 45-15-31 in a full-time position requiring admission to the State Bar of Georgia as a condition of employment may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31,

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1998, or within 90 days after becoming so employed, whichever date is later. Any such person shall be credited with service in this retirement system only for actual service in such position. The Employees' Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each pay ment to be made within 12 months of electing to become a member of this retirement system. Such member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any accrued liability to this retirement system calculated as if the member had either elected or rejected spouse's survivor's benefits at the member's option. Any such member who was vested in the Employees' Retirement System of Georgia at the time of making such election shall be vested in this retirement system but if applicable shall receive a retirement ben efit reduced as provided in Code Section 47-23-102. Such persons shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts.
47-23-44. (a) The provisions of this Code section shall apply only to persons who become mem bers or beneficiaries of this retirement system by operation of Code Section 47-23-40. (b) Any beneficiary of this retirement system subject to the provisions of this Code sec tion who on June 30, 1998, was receiving a benefit from two predecessor retirement sys tems shall continue to receive both such benefits from this retirement system as if he or she were a beneficiary of two retirement systems. (c) Any member subject to this Code section who on June 30, 1998, is receiving a retire ment benefit from one predecessor retirement system and is an active member of another predecessor retirement system shall continue to receive such retirement benefit from this retirement system and shall continue as an active member of this retirement system. Upon complying with all conditions precedent to receiving a benefit under this retirement system, such member shall be entitled to receive both such benefits in the same manner as if he or she were a member of two separate retirement systems. (d) Any member subject to the provisions of this Code section who on June 30, 1998, has ten or more years of creditable service in one predecessor retirement system but has not yet begun receiving a retirement benefit and who on such date was an active mem ber of another predecessor retirement system may:
(1) Continue his or her status in this retirement system as if he or she were a member of two retirement systems, and upon retirement his or her retirement benefits in both capacities shall be calculated as provided under this retirement system; or (2) Combine the years of service under the predecessor retirement system with his or her years of service under this retirement system as provided in Code Section 47-23-45. (e)(l) As used in this subsection, the term 'category of covered position' means service as:
(A) A judge of the superior courts; (B) A judge or solicitor-general of a state court or a juvenile court judge; or (C) A district attorney. (2) Any member subject to the provisions of this Code section who after June 30, 1998, obtains ten or more years of service in one category of covered positions and who subsequently becomes employed in another category of covered position may, at his or her option: (A) Consider himself or herself vested in a retirement benefit in the initial position and begin accruing service in the subsequent position as if he or she were a member of two retirement systems; or (B) Combine the years of service under this retirement system as provided in Code Section 47-23-45.
47-23-45. Any member of this retirement system shall be entitled to remain as a member by hold ing any position or office covered by the fund and shall receive full credit for all service

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as a member despite his or her change from one position or office to another covered by the fund. Upon becoming eligible for retirement, however, retirement benefits shall be determined in accordance with Code Sections 47-23-101 and 47-23-102.
47-23-46. Any member who on June 30, 1998, was entitled to remain a member of the District Attorneys' Retirement System while employed in a position covered by Chapter 2 of this title pursuant to the provisions of Code Section 47-13-40.1, as such Code section appeared on June 30, 1998, shall have the same privileges with regard to this retirement system. This Code section shall not apply to any other member of this retirement sys tem.
47-23-47. The board of trustees shall transfer to the Employees' Retirement System of Georgia all contributions made to the fund by a member who transfers to the Employees' Retire ment System of Georgia; and the commissioner of administrative services is authorized and directed to pay from the funds appropriated for the operating expenses of the supe rior courts of this state an additional amount equal to the 5 percent contribution of such member plus an additional 20 percent of the contribution, so that the state contribution shall be in accordance with the Employees' Retirement System of Georgia.
ARTICLE 4
47-23-60. Any creditable service credited to any member of this retirement system pursuant to a predecessor retirement system shall be deemed to be creditable service for the purposes of this chapter, effective July 1, 1998.
47-23-61. Any member who on June 30, 1998, was entitled to receive creditable service for prior service as a state court judge, state court solicitor-general, or juvenile court judge pursu ant to the provisions of Code Section 47-9-41.1, as such Code section appeared on June 30, 1998, shall be entitled to establish creditable service under this retirement system, under the same conditions, for such prior service rendered prior to July 1, 1998. This Code section shall not apply to any other member of this retirement system.
47-23-62. (a)(l) Any member who became a member on July 1, 1998, and any member who becomes a member after that date may receive creditable service for the number of years he or she contributed to the Employees' Retirement System of Georgia pursuant to Code Section 47-2-262. (2) In order to obtain the creditable service as provided in paragraph (1) of this sub section, the member shall notify the board of directors of this retirement system and the board of trustees of the Employees' Retirement System of Georgia not later than December 31, 1998, or within 90 days after first becoming a member of this retirement system, whichever date is later. Upon such notice, the board of trustees of the Employees' Retirement System of Georgia shall verify the amount of allowable time to the board of trustees of this retirement system. If the requesting member has with drawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall certify the amount of employee contributions and regular interest thereon which had been credited to the member's account, and the member shall within six months after such certification pay such amount to the board of trustees of this retirement system, together with regular inter est thereon from the date of withdrawal to the date of payment. If the requesting member has not withdrawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall transfer to the board of trustees of this retirement system the employee contributions together with regular interest thereon and shall refund to the member any employee contribu tion he or she paid to such retirement system for any creditable service not allowed

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by the retirement system. Upon receipt of such funds, the board of trustees of this retirement system shall credit the member with the number of years of creditable ser vice so authorized. (b)(l) Any member may receive creditable service for the number of years he or she would have contributed to the Employees' Retirement System of Georgia pursuant to Code Section 47-2-262 but for the fact that he or she made the election not to become a member of such retirement system. (2) In order to obtain the creditable service as provided in paragraph (1) of this sub section, the member shall notify the board of directors of this retirement system and the board of trustees of this retirement system not later than December 31, 1998, or within 90 days after first becoming a member of this retirement system, whichever date is later, providing such evidence that he or she was eligible for membership in the Employees' Retirement System of Georgia as the board deems necessary. Within six months after such notification, the member shall pay to the board of trustees of this retirement system the employer and employee contributions which would have been paid by or on behalf of such member if he or she had elected to become a mem ber of the Employees' Retirement System of Georgia, together with regular interest thereon. (c) No creditable service may be obtained pursuant to the provisions of this Code sec tion for any period for which creditable service has or may be obtained in any other state or local public retirement system. (d) No creditable service obtained pursuant to the provisions of this Code section shall be calculated in determining the minimum number of years of creditable service required for retirement pursuant to Article 6 of this chapter.
47-23-63. (a) As used in this Code section, the term:
(1) 'Full-time service' means any service in a covered position during which such member was generally prohibited from the practice of law by virtue of holding such position. (2) 'Part-time service' means any service in a covered position during which such member was not generally prohibited from the practice of law by virtue of holding such position. (b) Any member who, on the effective date of his or her retirement, was serving in a part-time position shall be entitled to use all of his or her prior service credit for pur poses of vesting for benefits and for the calculation of benefits. (c) Any member who on the effective date of his or her retirement was serving in a fulltime position shall not be entitled to use any prior part-time service for vesting for ben efits and shall be entitled to use such prior service for the calculation of benefits on the basis of one month of credit for each three months of prior part-time service. (d) Notwithstanding any provision of subsection (b) or (c) of this Code section to the contrary, any member who became a member pursuant to Code Section 47-23-40 shall be entitled to calculate his or her service as provided in the predecessor retirement sys tem of which he or she was a member.
ARTICLE 5
47-23-80. (a) The provisions of this Code section shall be applicable to judges of the superior courts and district attorneys. The amount of employee contributions to the fund by superior court judges shall be 7 V4 percent of the salaries from state funds provided by law for judges of the superior courts. The amount of employee contributions to the fund by district attorneys shall be 7 Vi percent of the salaries from state funds provided by law for district attorneys. The Department of Administrative Services is authorized to deduct 7 V4 percent monthly from the salary of each judge of the superior courts and each district attorney who is a member of the retirement system to cover the employee contributions to the fund. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any required employee tax

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for social security coverage. The Department of Administrative Services is authorized and directed to pay, from the funds appropriated or otherwise available for the opera tion of the superior courts of the state, any required employer contribution for social security coverage on such judges and district attorneys. From funds appropriated or oth erwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund the employer contributions, including contributions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses' benefits under this chapter.
(b) The deductions from state salaries and allowances payable to judges of the superior courts and district attorneys shall be made, notwithstanding that the compensation and allowances fixed by law for such judges and district attorneys shall be reduced thereby. Such judges and district attorneys shall be deemed to consent and agree to the deduc
tions made; and payment of the salary and compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and district attorneys during the period covered
by such payment. (c) The employer shall pay to the retirement system on each and every payroll period employee contributions on behalf of and to the credit of each judge and district attorney in an amount equal to the amount which would be paid to the annuity savings fund pur
suant to Code Section 47-2-54 if the judge or district attorney were a member of the Employees' Retirement System of Georgia. Such members shall continue to have deducted from their state salaries the additional amount of employee contributions required by this chapter. Such monthly contributions made by the employer on behalf of a member shall be included in the computation of the member's state salary for pur
poses of computing retirement benefits. (d) All members shall retain, have, and be subject to all other rights, privileges, obliga tions, and duties otherwise provided for in this chapter; and all such other provisions
shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section. 47-23-81.
(a) The provisions of this Code section shall be applicable to judges and solicitorsgeneral of state courts. The basis for employer and employee contributions to the fund with respect to a judge or solicitor-general of a state court shall be the actual salary
received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges.
(b)(l) The employee contributions with respect to judges and solicitors-general of state courts who are compensated by salaries paid by the employing units which pay
the costs of the operation of such courts shall be 7 Vi percent of the amount of such salaries. A person to be designated by each such employing unit shall report the amount of such salaries to the board by not later than the fifteenth day of each calen
dar month. The employing units are authorized to pay any portion of the employee contribution and to deduct employee contributions from the salaries of such judges
and solicitors-general and to pay the contributions into the fund. Such contributions shall be forwarded to the board at the same time the report of the salaries of such judges and solicitors-general is forwarded. The employing units are also authorized to
make an additional deduction from such salaries to cover any required employer tax for social security coverage. The deduction from the salaries payable to such judges
and solicitors-general of state courts shall be made, notwithstanding that such salaries fixed by law for such judges and solicitors-general are reduced thereby. Such judges
and solicitors-general shall be deemed to consent and agree to the deductions made; and payment of such salaries, less such deductions, shall be a full and complete dis charge of all claims and demands whatsoever for the services rendered by such judges
and solicitors-general during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior
courts, the Department of Administrative Services is authorized and directed to pay

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into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. The Department of Administrative Services is authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the state any required employer contribution for social security coverage on such members. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. If the required reports and employee contributions are not for warded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contribu tions until such time as such reports and contributions have been received. (d) All members shall retain, have, and be subject to all other rights, privileges, obliga tions, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section.
47-23-82. (a) The provisions of this Code section shall be applicable to juvenile court judges. The basis for employer and employee contributions to the fund with respect to juvenile court judges shall be the salary paid to such judges by the employing units paying the cost of the operation of the juvenile courts, unless such salary exceeds the state salary paid to superior court judges, as now or hereafter fixed by law, in which event the basis for such employer and employee contributions shall be the same as the state salary paid to judges of the superior courts.
(b)(l) The employee contributions with respect to juvenile court judges who are com pensated by salaries paid by the employing units which pay the costs of the operation of such courts shall be 7 Vi percent of the amount of such salaries. A person to be designated by each such employing unit shall report the amount of such salaries to the board by not later than the fifteenth day of each calendar month. The employing units are authorized, but not required, to pay any portion of the employee contribu tion on behalf of the member and to deduct such employee contributions from the sal aries of such juvenile court judges and to pay the contributions into the fund. Such contributions shall be forwarded to the board at the same time the report of the sala ries of such juvenile court judges is forwarded. The employing unit is also authorized to make an additional deduction from such salaries to cover any required employee tax for social security coverage. The deduction from the salaries payable to such juve nile court judges shall be made, notwithstanding that such salaries fixed by law for such juvenile court judges are reduced thereby. Such juvenile court judges shall be deemed to consent and agree to the deductions made; and payment of such salaries, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such juvenile court judges during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply

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with this Code section. If the required reports and employee contributions are not for warded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contribu tions until such time as such reports and contributions have been received, (d) All members shall retain, have, and be subject to all other rights, privileges, obliga tions, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section.
47-23-83. Whenever any member of this retirement system terminates his or her membership prior to acquiring a vested right to any retirement benefits and withdraws his or her total employee contributions, plus regular interest, from the funds held by the board, the fol lowing shall occur:
(1) The employer's contributions paid to the board on behalf of such withdrawing member shall continue to be held within the funds controlled and administered by the board and shall not be returned to the employer; and (2) The employer's contributions paid to the board on behalf of such withdrawing member shall be treated as actuarial gains and shall be applied toward the future decrease of employer's contributions and shall not be used or applied to increase retirement benefits to other members of the retirement system.
ARTICLE 6
47-23-100. As used in this article, the term 'salary' means:
(1) For superior court judges, the salaries from state funds provided by law for judges of the superior courts on the date the member begins receiving a retirement benefit; (2) For district attorneys, the salaries from state funds provided by law for district attorneys on the date the member begins receiving a retirement benefit; (3) For judges and solicitors-general of state courts, the average annual compensation received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges; and (4) For juvenile court judges, the average annual compensation received as such juve nile judge; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges. (5) The monthly employee contributions made by the employer on behalf of the mem ber under Code Sections 47-23-80, 47-23-81, and 47-23-82 shall be used in the computa tion of the member's salary for the computation of the member's retirement benefits.
47-23-101. For members who become members after July 1, 1998, no portion of any salary, as defined in Code Section 47-23-100, earned after July 1, 1998, which is used to calculate benefits under this retirement system may be used to calculate benefits under any other state or local retirement system or pension plan.
47-23-102. The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. A member retiring with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member's salary; pro vided, however, that no member shall receive more than 24 years of creditable service. A member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-23-103.

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47-23-103. (a) In lieu of retirement at the benefit level provided by Code Section 47-23-102, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the benefit under Code Section 47-23-100, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16. (b) A member may retire pursuant to this Code section by making written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, such member desires to be retired. All retirements shall be effective on the first day of the month following the month in which the member terminated his or her service.
47-23-104. (a) After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to per form the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by Code Section 47-23-102 for 16 years of service, unless the member would otherwise qualify for a greater benefit under Code Section 47-23-102 or 47-23-103, in which event the Code section providing the highest benefit would apply. (b) After obtaining a minimum of ten years of actual service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be two-thirds of the maximum retirement benefits provided by Code Section 47-23-102. (c) The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disabil ity of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become effective on the first day of the month following the month the member resigns as a result of the disability.

47-23-105.
(a)(l) Except as otherwise provided by subsection (b) of this Code section, each mem ber of this retirement system shall pay for spouses' benefits an employee contribution of 2 '/2 percent of the salary paid to such member. Such contribution shall be in addi tion to that required under Article 5 of this chapter. The employing unit shall be authorized to deduct monthly the employee contributions required for spouses' bene fits. Such contribution shall cease after the member has paid the contribution for a total of 16 years.
(2) Upon the death of a member who is subject to this subsection and who has attained a minimum of ten years of creditable service and at least 60 years of age, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of the member's death, if retired at such time, or which would have been payable to the member had the member retired as of the date of the member's death.
(3) Upon the death of a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit the member would have received had the member continued in service and retired at age 60.
(4) Upon the death of a member other than a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to

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50 percent of the retirement benefit the member would have received as if the mem ber were age 60 on the date of death based on the number of years of creditable ser vice the member had on the date of death. (b)(l) Any member of this retirement system shall have the right to reject the spouses' benefits provided by this Code section by notifying the board in writing of such rejection on a form to be supplied by the board within 90 days after becoming a member, whichever date is later. (2) Any member who becomes a member of this retirement system by operation of Code Section 47-23-40 who rejected the spouses' benefits provided by this Code sec tion pursuant to paragraph (1) of this subsection may subsequently obtain such bene fits by so notifying the board in writing and by tendering all amounts which such member would have paid pursuant to subsection (a) of this Code section if such mem ber had not rejected such benefits, together with regular interest thereon. (c) If the spouse of a member dies or if a member ceases to be married, then such mem ber who has elected to obtain spouses' benefits pursuant to this Code section may cease making the employee contributions for spouses' benefits. Such member shall notify the board in writing to cease deducting such employee contributions. Such notice shall be given within 90 days after the date of the death of the spouse or after the date the member ceases to be married; and, upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions, there shall be no return of such contributions previously made by such member. (d) Any member of this retirement system who rejects spouses' benefits coverage or who ceases such coverage pursuant to subsection (c) of this Code section because such mem ber was unmarried at the time of such rejection, because such member's spouse died, or because such member ceased to be married shall have the option to elect spouses' benefits within 90 days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years with regular interest thereon in order for such member's spouse to qualify for the spouses' benefits provided for by this Code section. (e) In order to vest for spouses' benefits, the member must have made the employee contributions for such benefits for at least ten years. (f) Any member may designate a natural person other than his or her spouse to receive a survivor's benefit in the same manner and under the same conditions as provided for spouses' benefits; provided, however, that any person so designated shall receive a bene fit equal to the normal spouse's benefit actuarially reduced in accordance to such per son's projected life span.
47-23-106. (a) Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges or the district attorney of said circuit, the governing author ity of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired superior court judge or district attorney of said circuit who is receiving benefits pursuant to this chapter or to supplement the ben efit being paid pursuant to this chapter to any beneficiary of any deceased superior court judge or district attorney. (b) Whenever any county which has a state court supplements the salary of the judges or solicitors-general of such court, the governing authority of such county shall be autho rized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired state court judge of such court who is receiving benefits pursuant to this chapter or supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased state court judge.
47-23-107. If there is no surviving spouse or survivor of a member covered by Code Section 47-23-105 or if a member not covered by such Code section dies before retirement, the amount of accumulated contributions made by such member, with regular interest on such amount, shall be paid to his or her named beneficiary, if any, or to the living per son, if any, nominated by written designation of the member duly executed and filed with the board, otherwise to the member's estate.

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47-23-108. Except as otherwise expressly provided in this chapter, if a member ceases to be employed in a covered position, he or she may withdraw the total sum, with 6 percent interest, which he or she has paid into the fund. The member shall not be eligible at any time after such withdrawal to become a member of the fund, unless at a later date he or she becomes employed in a covered position, in which event he or she shall be reinstated into the fund as if he or she had never before been a member. Any such rein stated member shall have the privilege of reestablishing any prior creditable service, pro vided that the member repays into the retirement system an amount equal to the amount withdrawn, together with 6 percent interest from the date of withdrawal to the date of repayment, which interest shall be placed in the accumulation fund. The employee contributions paid by the employer as provided in subsection (c) of Code Sec tion 47-23-80 shall be considered to be payments made by the member.
47-23-109. (a) Except as provided in subsection (b) of this Code section, if any retired member returns to the service of the state in any position except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retire ment allowance which he or she was receiving prior to returning to state service, calcu lated with any increases granted during the period of compensation. (b) The retirement allowance of a retired member who returns to the service of the state in any position other than as a member of the General Assembly shall not cease pro vided that such member performs no more than 1,040 hours of such service in any calen dar year; provided, however, that no such retired member shall be eligible for employee health benefits other than those available to the member as a part of his or her retire ment benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee in the classified service of the State Merit System of Per sonnel Administration.
47-23-110. Any member retired under this chapter or vested for a benefit under this chapter may serve as a senior judge as provided for in Code Section 15-1-9.2 or Code Section 15-1-9.3 or as otherwise provided by legislation enacted after July 1, 1998, and compensation for such service shall not affect, enhance, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such judge.
ARTICLE 7
47-23-120. This chapter shall not deny or abridge any right, benefit, option, credit, or election to which any person was entitled under a predecessor retirement system on June 30, 1998, and the board of trustees' is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this chapter. All other persons who become members shall be subject to the provi sions of this chapter.
47-23-121. The return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund created by this chapter are exempt from levy and sale, garnishment, attachment, or any other process whatso ever and shall not be assignable, except as otherwise specifically provided in this chap ter.
47-23-122. (a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any record or records of the retirement system in an attempt to defraud the retirement system as a result of such an act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 12 months, or both.

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(b) If any change or error in the records results in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments, as far as practicable, in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. (c) No member of this retirement system shall be eligible to make contributions to the Employees' Retirement System of Georgia or to the Superior Court Judges Retirement Fund of Georgia created by Chapter 8 of this title nor shall any such member be eligible for appointment as senior judge pursuant to Chapter 8 of this title.
47-23-123. No member of this retirement system shall be eligible to participate in the Superior Court Judges Retirement Fund of Georgia created by Chapter 8 of this title or the Dis trict Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia created by Chapter 12 of this title.
47-23-124. It is the intention of the General Assembly that except as is expressly provided in the Act creating this retirement system, the benefits and conditions precedent to receiving benefits as provided by this chapter shall apply to all covered positions equally, and no legislation shall be enacted modifying or repealing any provision of this chapter which would create a contrary result."
SECTION 2. Said title is further amended by repealing in their entirety and reserving Chapters 9, 10, and 13, relating to the Superior Court Judges Retirement System, the Trial Judges and Solicitors Retirement Fund, and the District Attorneys' Retirement System, respectively.
SECTION 3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing in their entirety Code Section 15-1-9.2, relating to requests for assistance of senior judges appointed pursuant to Chapter 8 or 9 of Title 47 or Chapter 3A of Title 15, and Code Section 15-1-9.3, relating to requests for assistance of senior judge appointed pursu ant to Article 8 of Chapter 10 of Title 47, and inserting in lieu thereof, respectively, the following:
"15-1-9.2.
(a) As sed w this Code section, the term ^senior jadge2 means jttdge -ef appellate e* superior eewri whe has the statas ef- a senior jadge aadef Chapter 8 or ef- Title 4?e* Chapter 3A ef- this titte: The office of senior judge of the superior courts is created, and judges of the superior courts or former judges of the superior courts may become senior judges as follows:
(1) Any judge of the superior courts who retires pursuant to the provisions of Chapter 8 or Chapter 23 of Title 47 and any such judge who receives a disability retirement benefit under such chapter may become a senior judge beginning on the effective date of the judge's retirement; and (2) Any judge of the superior courts, whether or not said judge is a member of the retirement system created by Chapter 23 of Title 47, who ceases holding office as a judge of the superior courts and who has at least ten years of service as a judge of the superior courts at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state may become a senior judge. (b) The chief judge of any appellate or superior court of this state may make a written request for assistance to a senior judge. The request by the chief judge may be made if one of the following circumstances arise: (1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or

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(3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges as provided for in Code Section 15-1-9.1. (c) An active judge may call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the speedy and efficient disposition of the business of the circuit. (d) Senior judges serving as judges of the appellate or superior court under this Code section or any other provision of law shall be compensated in the amount of $165.00 per day for such service. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employ ees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the appellate or superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge.
15-1-9.3.
\oi) AS USOu ftft 6&18 vJOQG 9CtlOH ( 1116 iGMtt SCfllOF JUuJ6 IfiOftDS1 ft P6F8O1J QppOlIltCCr ftJ
a seaier jadge pursuant te fee proviaiona ef- Article 8 ef- Chapter 40 ef- Title 47: (1) Any state court judge or juvenile court judge who retires pursuant to the provi sions of Chapter 23 of Title 47 after having served for ten or more years in any combi nation of service as a judge of a state court or juvenile court may be appointed a senior judge of the type of court from which the judge retired. (2) Any state court or juvenile court judge, whether or not said judge is a member of the retirement fund created by Chapter 23 of Title 47, who ceases holding office as a judge and who has at least ten years in any combination of service as judge of a state court or juvenile court at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state may be appointed as a senior judge as provided in this Code section. (3) No judge of a state court or juvenile court who retires because of disability pursu ant to the provisions of Chapter 23 of Title 47 shall be eligible for appointment as a senior judge pursuant to the provisions of this Code section.
(b) Upon becoming eligible for appointment pursuant to the provisions of this Code sec tion, a judge who ceases to hold office may become a senior judge and in that capacity may be called upon to serve as a justice or judge in any court of this state. (c) Senior judge status shall be acquired by_ a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge. feHd) The judge of any court of this state may make a written request for assistance to a senior judge. The request by the judge may be made if one of the following circum stances arise:
(1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges as provided for in Code Section 15-1-9.1. {eMe) An active judge may call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the timely and efficient disposition of the business of the court. {d)(f) A senior judge serving as a judge of a superior court, juvenile court, or any appel late court under this Code section shall be compensated in the amount of $165.00 per day for such service, and such compensation shall be paid from state funds appropriated or available for the operation of the court on which the senior judge serves. For service

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as a judge of any other court, the compensation of a senior judge under this Code sec tion shall be that which is normally paid to a substitute judge of the court in which the senior judge is serving, and such compensation shall be paid from any funds available for the operation of such court. In addition to such compensation, a senior judge shall receive actual expenses or, at the judge's option, hi the event of service outside the county of the judge's residence, the same per diem expense authorized by law for mem bers of the General Assembly and shall receive mileage at the same rate as state employ ees for such services. Such expenses and mileage shall be paid from the same source of funds which pays the compensation of a senior judge as provided in this subsection upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation and expenses shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge."
SECTION 4. Said title is further amended by striking subsection (g) of Code Section 15-3-1, relating to the composition of the court of appeals and related matters, and inserting in lieu thereof a new Code section to read as follows:
"(g) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the assistance of sen ior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided hi Article 8 el Chapter W <rf Title 47 Code Section 47-23-101. The Judge whose case assignment is transferred to the additional judge shall not vote on the case."
SECTION 5. Said title is further amended by striking subsection (d) of Code Section 15-6-30, relating to travel expenses for judges of the superior courts, and inserting in lieu thereof the fol lowing:
"(d) The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-0-60 47-23-100. to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services for payment from the funds available for the operation of the superior courts of this state."
SECTION 6. Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts and related matters, is amended by striking in its entirety subsection (j), which reads as follows:
"(j)Pensions. Any judge appointed pursuant to this article who, within 90 days prior to such appointment, was a judge of the juvenile court of a county with a pension plan cre ated by local legislation, and was a contributing member thereof shall have the option of continuing as a member with county contributions and benefits as other members by notifying the offices of said pension plan and the office of the Trial Judges and Solici tors Retirement Fund of the state of such election in writing within 30 days after his appointment. Thereupon the judge shall continue as a member of the local pension plan without interruption of credited service; and the judge shall have deducted thereafter from the total salary paid by the state and county for the judge's services in percentage amounts as is provided for members' contributions, which amounts shall be paid into the pension plan created by local legislation. Nothing in this Code section shall be con strued as prohibiting a judge from becoming a member of the Trial Judges and Solici tors Retirement Fund of the state as a juvenile court judge at such time as he withdraws

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further contributions to the pension plan created by local legislation and so notifies the office of the Trial Judges and Solicitors Retirement Fund of the state in writing."
SECTION 7. Code Section 47-2-260 of the Official Code of Georgia Annotated, relating to the continua tion of membership in the Employees' Retirement System of Georgia by certain persons, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue as a member of the retire ment system shall notify the director of the Employees' Retirement System of Georgia and the Department of Administrative Services of that decision. Upon making such elec tion and giving the required notice, a member who is subject to the provisions of this Code section shall not be required to become a member of or make contributions to the Superior Gettrt Judges Retirement System provided for k Chapter 9 f this title er to the District Attorneys' Retirement System provided for m Chapter 13 Georgia Judicial Retirement System created by. Chapter 23 of this title."
SECTION 8. Article 4 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for appointment as district attorney emeritus, is amended by striking Code Sec tion 47-12-60, relating to eligibility for retirement from the office of district attorney and appointment to the office of district attorney emeritus, and inserting in lieu thereof the following:
"47-12-60.
Except as otherwise provided in Code SeetteH 47-UV82 by_ general law, any person who is in at least his or her nineteenth year of service as district attorney of this state or as both a solicitor of a city court from which appeals can be taken directly to the Court of Appeals and as district attorney shall be eligible for retirement as district attorney and appointment to the office of district attorney emeritus. In computing years of ser vice under this Code section, a person may be given credit for service as assistant dis trict attorney or as an assistant to the district attorney if in the course of such service he or she performed the duties of the district attorney in the prosecution of cases in both the superior court and the city court, provided that such service was rendered immediately prior to his or her appointment or election as district attorney."
SECTION 9. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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

Alien YAndenon
Afthe Y Bailey Y Bannister EBarfoot Y Barnard YBarnm Y Bates

YBenefield Y Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown

Y Buck Y Buckner Y Bum E Burkhalter Y Byrd Y Campbell Y Canty Y Cash Y Channel!

Y Childers Y Clark Y Com 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 Y DeLoach, G E Dii Y Diion

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YDobbs Y Dukes YEhrhart
Epps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden
Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall Hegitrom Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley
Irvin
Y Jackson Y James
YJamieson Y Jenkins
Johnson Y Johnston Y Jones E Joyce
YKaye YLadd ELakly YLane
YLee Y Lewis
YLord Lucas Maddox
YMann 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
Perry Y Pinholster
YPoag YPolak E Ponder Y Porter YPowell YPurceU 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 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 YSnelling YSnow YStallingB Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert
YTrense Turnquest
YTwiggs Y Walker, L Y Walker, R.L
Watson YWeat 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 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1576. By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th, Childers of the 13th, Barnes of the 33rd and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to pro vide an exception from the definitions of "food sales establishment" and "food service establishment" for certain tax exempt organizations under cer tain conditions.

The following Committee substitute was read and withdrawn:

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 provide an exception from the defi nitions of "food sales establishment" and "food service establishment" for certain tax exempt organizations under certain conditions; to change provisions relating to nonprofit food sales and service; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions relating to food sales establishments, and inserting in lieu thereof the following:
"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food pro cessing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores and places of business, and similar establishments, mobile or permanent,

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engaged in the sale of food primarily for consumption off the premises. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term alao shall not include organizations which are exempt from taxes under par agraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501 (d) or para graphs (1) through (8) or paragraph (10) of Section 501 (c) of the Internal Revenue Code, as that code u defined in Code Section 48-1-2, which are engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival. This term also shall not include estab lishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501 (d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 48 72 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursu ant to a permit issued by the municipality or county in which it is conducted."
SECTION 2. Said chapter is further amended by striking paragraph (1) of Code Section 26-2-370, relat ing to definitions relating to food service establishments, and inserting in lieu thereof the following:
"(1) 'Food service establishment' means establishments for the preparation and ser ving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. The term 'food service establishment' shall not mean a 'food sales establishment,' as defined in Code Section 26-2-21, which does not provide seat ing or facilities for consumption of food on the premises. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival and is performed bg an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501 (d) or paragraphs (1) through (8) or paragraph (10) of Section 501 (c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, or which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 48 72 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursu ant to a permit issued by the municipality or county in which it is conducted."
SECTION 3. Said chapter is further amended by striking Article 14, relating to nonprofit food sales and food service, and inserting in lieu thereof the following:
"ARTICLE 14
26-2-390. As used in this article, the term:
(1) 'Nonprofit food sales and food service' means the temporary sale or service of food items by an organization at an event sponsored by a county, municipality, or organiza tion or the temporary sale of food items by_ an organization if such sale is an autho rized part of and occurs upon the site of a fair or festival.

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(2) 'Organization' means an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501 (d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2.
26-2-391. A county or municipality shall be authorized to issue permits for the operation of non profit food sales and food service at events sponsored by the county, municipality, or an organization. A permit shall be valid for a period of 48 72 hours or less and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit. No fees shall be charged to an organization for the issuance of any such permit by a county or municipality.
26-2-392. (a) This Code section applies to food items prepared and offered for sale by organiza tions at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food label ing. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited. (b) At all times, including while being stored, prepared, displayed, served, or trans ported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation. The temperature of poten tially hazardous food shall be either 45 degrees Fahrenheit or below or 140 degrees Fahr enheit or above at all tunes. (c) The preparation of the following potentially hazardous foods is prohibited:
(1) Pastries filled with cream or synthetic cream; (2) Custards; (3) Products similar to the products listed in paragraphs (1) and (2) of this subsec tion; or (4) Salads containing meat, poultry, eggs, or fish. (d) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients. Suitable utensils must be provided to eliminate hand contact with the cooked product. All utensils and equipment shall be cleaned periodically as necessary to prevent a buildup of food. (e) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of con tainer and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event. (f) A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water and individual paper towels. (g) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. (h) County boards of health are authorized to provide staff assistance to organizations at events covered under this article to the purpose of providing food safety instruction.
26-2-393. The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article; pro vided, however, no adverse action against an organization may be taken by a county or muncipality or any agent of a county or municipality, including a denial of a permit, revocation of a permit, or citations for violations of this article, without the written approval of such action by the district health director and the commissioner of human resources or his or her designee."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 26,1998

1187

The following substitute, offered by Representative West of the 101st, 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 change provisions relating to the sale of food upon the site of a fair or festival by certain tax exempt organizations; to change provisions relating to nonprofit food sales and service; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions relating to food sales establishments, and inserting in lieu thereof the following:
"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food pro cessing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501 (c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 48 72 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursu ant to a permit issued by the municipality or county in which it is conducted."
SECTION 2. Said chapter is further amended by striking paragraph (1) of Code Section 26-2-370, relat ing to definitions relating to food service establishments, and inserting in lieu thereof the following:
"(1) 'Food service establishment' means establishments for the preparation and ser ving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. The term 'food service establishment' shall not mean a 'food sales establishment,' as defined in Code Section 26-2-21, which does not provide seat ing or facilities for consumption of food on the premises. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 48 72 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursu ant to a permit issued by the municipality or county in which it is conducted."

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SECTION 3. Said chapter is further amended by striking Article 14, relating to nonprofit food sales and food service, and inserting in lieu thereof the following:
"ARTICLE 14
26-2-390. As used in this article, the term:
(1) 'Nonprofit food sales and food service' means the temporary sale or service of food items by an organization at an event sponsored by a county, municipality, or organiza tion or the temporary sale of food items by an organization if such sale is an autho rized part of and occurs upon the site of a fair or festival. (2) 'Organization' means an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501 (d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2.
26-2-391. A county or municipality shall be authorized to issue permits for the operation of non profit food sales and food service at events sponsored by the county, municipality, or an organization. A permit shall be valid for a period of 48 72 hours or less and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit. No fees shall be charged to an organization for the issuance of any such permit by a county or municipality.
26-2-392. (a) This Code section applies to food items prepared and offered for sale by organiza tions at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food label ing. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited. (b) At all times, including while being stored, prepared, displayed, served, or trans ported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation. The temperature of poten tially hazardous food shall be either 45 degrees Fahrenheit or below or 140 degrees Fahr enheit or above at all times. (c) The preparation of the following potentially hazardous foods is prohibited:
(1) Pastries filled with cream or synthetic cream; (2) Custards; (3) Products similar to the products listed in paragraphs (1) and (2) of this subsec tion; or (4) Salads containing meat, poultry, eggs, or fish. (d) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients. Suitable utensils must be provided to eliminate hand contact with the cooked product. All utensils and equipment shall be cleaned periodically as necessary to prevent a buildup of food. (e) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of con tainer and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event. (f) A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water and individual paper towels. (g) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. (h) County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction.

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26-2-393. The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article] pro vided, however, no adverse action against an organization may be taken by. a county or municipality or any agent of a county or municipality, including a denial of a permit, revocation of a permit, or citations for violations of this article, without the written approval of such action b^ the district health director and the commissioner of human resources or his or her designee."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative West of the 101st moves to amend the Floor substitute to HB 1576 by striking line 22 on page 3 and inserting in lieu thereof the following:
"Section 48-7-25 and or under Section 501(d) or paragraphs".

Representatives West of the 101st, Stancil of the 16th and Walker of the 141st move to amend the Floor substitute by striking lines 30 and 31 on page 1 and inserting in lieu thereof the following:
"premises if such sale is an authorized part ef- and- eeears ttpen the site of ft ftar er fcativat sponsored by a religious, charitable, or nonprofit corporation, including but not lim ited to churches, schools, clubs, lodges. OT organizations, which:".
By striking line 1 on page 2 and inserting in lieu thereof the following:
"48-7-25 and or under Section 501(d) or paragraphs (1)".
By striking lines 34 and 35 on page 2 and inserting in lieu thereof the following:
"preparation or serving is an authorized part ef and eeears ttpen the site ef- ft tea r fcativol sponsored by a religious, charitable, or nonprofit corporation, including but not limited to churches, schools, clubs, lodges, or organizations, which:".
By striking line 39 on page 2 and inserting in lieu thereof the following:
"48-7-25 and or under Section 501(d) or paragraphs (1)".
By striking lines 17 through 19 on page 3 and inserting in lieu thereof the following:
"food items by an organization if such sale is sponsored by a religious, charitable, or nonprofit corporation, including but not limited to churches, schools, clubs, lodges, or other such organizations."
By striking lines 16 through 39 on page 4 and lines 1 through 7 on page 5 and inserting in lieu thereof the following:
"(c) The preparation ef- the following potentially hazardous feeds is prohibited!
(1) Pantrioo fiHed with cream er synthetic eream;
(2) CuBtofdo;
(3) Producto SHaite te the products listed in paragraphs {4} and- (3) ef this sttbsee-

(4) Salada containing meat; poultry, egga? or fish; (d) Frozen desserts snaU enly be produced using commercially pasteurized mixes er

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eeefced product. AH utcngila and equipment shaH be cleaned periodically as necessary
ft DUllQUp Or IOOCL<
\Q) ICC vOQb IS COH9U1BCC1 Of vnftc COIlfcflClQ lOOu SucUi DC IFOUi OR UpplrOVC01 SOUPCC AUQ fillOfi UHuli UflOQ. iCC USCu rOf COOiltt 8tO?Cu IOu Sflfllr H6v ofr
used for human consumption? Feed shaH be served in an individual-meat type ef eentaine* and handed to the customer. Feed items shati net be transported for sale at anyether location ef sold; held; er teased at another event.
#Kc) A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water and individual paper towels.
teMd) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapprovod facilities an unsafe manner.
(e) County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction."

The Floor substitute, as amended, was adopted.

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

Alien Y Andersen
Ashe Y Bailey Y Bannister EBarfoot
Barnard YBaroes
Bates YBenefield
YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridgei Y Brooks Y Brown
Buck YBuckner YBunn E Burkhalter YByrd Y Campbell Y Canty YCash Y Channell
YChilden Y Clark YCoan
Coleman B YColeman, T YConnell
Y Cooper YCrawford Y Crews

YCulbreth Y CunimiiUEB Y Davis, G Y Davis, M YDay YDeLoach, B
YDeLoach, G EDix YDixon YDobbs Y Dukes YEhrhart
Epps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden
Graves YGreene YGrindley Y Hanunontree Y Banner Y Harbin Y Heard YHecht
Heckstall Hegstrom Henson Y Holland
Y Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvto Y Jackson
James Y Jamleson Y Jenkins
Johnson Y Johnston Y Jones E Joyce EKaye YLadd ELakly YLane YLee Y Lewis YLord
Lucas Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKixmey Y Mills Y Mobley Y Moeley Y Mueller YO'Neal
NOrrock YParham

Y Fairish Y Parsons YPelote
Perry Y Pinholster YPoag NPolak E Ponder Y Porter YPowell YPurceU
YRagas YRandaU YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett E 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 YSnelling
YSnow YStalUngs Y Stancil, F Y Stancil, S
Stanley, L
Y Stanley, P Y Stephens Y Taylor YTeague NTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland Y Whitaker Y Wiles
Williams, B YWiUiams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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HB 1617. By Representatives Walker of the 141st and Martin of the 47th:
A bill to transfer certain ministerial functions relating to the payment of compensation, fees, and expenses for the superior courts and district attor neys from the Department of Administrative Services to the appropriate agencies within the Judicial Branch of state government.

The following Committee substitute was read and adopted:

A BILL
To transfer certain ministerial functions relating to the payment of compensation, fees, and expenses for the superior courts and district attorneys from the Department of Administrative Services to the appropriate agencies within the Judicial Branch of state government; to provide for a short title; to provide for a statement of legislative intent; to amend Code Section 9-14-53 of the Official Code of Georgia Annotated, relating to the habeas corpus clerk in certain circuits, Title 15 of the Official Code of Georgia Annotated, relating to courts, Articles 2 and 3 of Chapter 11 of Title 19 of the Official Code of Geor gia Annotated, the "Uniform Reciprocal Enforcement of Support Act" and the "Uniform Interstate Family Support Act," respectively, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide for the payment of habeas cor pus clerks in certain counties; to provide for the appointment of additional law clerks based on funds being appropriated; to provide procedures for counties to be reimbursed for certain costs in habeas corpus cases; to provide for the payment of salaries of superior court judges; to provide for the payment of travel expenses for judges and certain employ ees of the superior courts; to provide for the duties of The Council of Superior Court Judges of Georgia; to provide that the Council of Superior Court Judges of Georgia is sub ject to Code sections relating to open and public meetings and inspection of open records; to provide procedures for the payment of contingent expense allowance for certain court reporters; to provide procedures for the payment of certain assistant district attorneys per forming child support duties; to provide for budgeting for victim assistance programs in district attorneys' offices; to provide procedures for the payment of compensation for dis trict attorneys and certain personnel appointed by the district attorneys; to provide that the Prosecuting Attorneys' Council of the State of Georgia is subject to Code sections relating to open and public meetings and inspection of open records; to provide for the payment of certain fees under the "Uniform Reciprocal Enforcement of Support Act" and the "Uniform Interstate Family Support Act"; to provide procedures for the payment of certain contracts of liability and indemnity insurance on behalf of personnel employed by district attorneys and superior court judges; to eliminate certain duties of the director of the Office of Treasury and Fiscal Services relative to the Judicial Branch; to change the procedures for payment of certain employer costs under the state health benefit plan rela tive to the Judicial Branch; to change the procedures for payment of certain deductions, required employer, and other contributions to the Employees' Retirement System of Geor gia, the Superior Court Judges Retirement System, the Trial Judges and Solicitors Retire ment Fund, and the District Attorneys' Retirement System so as to transfer responsibility for making such contributions to the appropriate agencies within the Judicial Branch; to provide that Chapter 8 of Title 45 relating to the accounting for public funds shall apply to The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Coun cil of the State of Georgia; to provide that certain references in the Official Code of Geor gia Annotated to the Department of Administrative Services shall mean The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia; to authorize the Code Revision Commission to make certain corrections to the Official Code of Georgia Annotated; to provide for other matters relative to the foregoing; to provide procedures for the transfer of such ministerial functions and certain records, documents, software, equipment, and property from the Department of Administrative

1192

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Services to The Council of Superior Court Judges of Georgia and the Prosecuting Attor neys' Council of the State of Georgia; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Judicial Budget Administration Act of 1998."
SECTION 2. Code Section 9-14-53 of the Official Code of Georgia Annotated, relating to the habeas corpus clerk in certain judicial circuits, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof the following:
"(c) The chief judge of a judicial circuit employing a habeas corpus clerk pursuant to subsection (b) of this Code section shall notify the commisBieaef ef administrative ser vices The Council of Superior Court Judges of Georgia of the name and salary of the habeas corpus clerk at least 15 days prior to the effective date of the employment of the clerk. It shall also be the duty of the chief judge to notify tine commissioner- of administrative services The Council of Superior Court Judges of Georgia of any change in the status or salary of the clerk. The chief judge shall be authorized to designate the county of the judicial circuit in which the clerk shall maintain Us an office and carry out Ms the clerk's duties; and the governing authority of the county so designated shall provide suitable space for the clerk."
SECTION 3. Said Code section is further amended by striking subsection (f) thereof in its entirety and inserting in lieu thereof the following:
"(f)(l) Except as provided in paragraph (2) of this subsection, each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $10,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to the commisskmer <rf administrative services The Council of Superior Court Judges of Georgia of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the commissioner The Council of Superior Court Judges of Georgia shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimburse ment as set forth in the certified list, subject to the maximum reimbursement pro vided for in this Code section. The list sent to the commissioner The Council of Superior Court Judges of Georgia as provided in this paragraph shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The commissioner Council of Superior Court Judges of Georgia is authorized to devise and make available to the counties such forms as may be rea sonably necessary to carry out this paragraph and to establish such procedures as may be reasonably necessary for such purposes. (2) The counties comprising composing a judicial circuit defined by paragraph (2) of subsection (a) of this Code section shall not be eligible for the reimbursement pro vided for in paragraph (1) of this subsection."
SECTION 4. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended in Code Section 15-6-28, relating to law clerks and court administrators in the superior

THURSDAY, FEBRUARY 26, 1998

1193

courts, by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(a) The chief judge of each judicial circuit is authorized to employ either one or more law clerk clerks er ene and court administrator administrators for the circuit."
SECTION 5. Said title is further amended in Code Section 15-6-29, relating to the salaries of the judges of the superior courts, by striking subsections (a) and (b) of said Code section and insert ing in lieu thereof the following:
"(a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4. The salary shall be paid by the Deportment ef Administrative Services in 43 equal monthly installments as provided by law. (b) The salary so fixed shaH be the total compcnsatiea- te be paid- by the state te the superior court judges and- afeaH be in lies of any and att ether amounts to be paid- firemthe Deportment ef Administrative Services, except as provided in ede Sections -16-6-36 and J6-6-33: Reserved."
SECTION 6. Said title is further amended by striking Code Section 15-6-30, relating to travel expenses of superior court judges, in its entirety and inserting in lieu thereof the following:
"15-6-30.
(a) The judges and senior judges of the superior courts of this state shall be entitled to receive, in addition to the compensation provided by law, reimbursement of travel expenses incurred when such a judge attends any eeurt his judicial circuit ether titan the eeurt the county ef the residence ef the judge er in the performance of their offi cial duties when the judge is required to be in any county in his circuit other than the county ef hta residence in the discharge ef any judicial duty er function, required by law? pertaining te the superior eeurt ef sueh county. Judges and senior judges ef the superior eeurts shall abe be entitled te receive reimbursement under this Code section ef travel expenses incurred when any sueh judge is designated te preside in the place ef an absent Justice ef the Supreme Court er attends meeting ef a judicial administrative district,
TT^n Ofuinpil of RurifTiftT f!niiTt .TnHirfB nf OAAWTIQ t.Tif -TnfJiciftl dniinpil fif f^flfinrifl t.hf1
Advisory Council far Probation, the Judicial Qualifications Commission, a sentence review panel; er any committee er subcommittee ef -any such -bedy-, er -when -any -such

resides, in accordance with uniform policies and guidelines adopted and administered by The Council of Superior Court Judges of Georgia; provided, however, that any expenses for which reimbursement is received under this subsection shall not be eligible for reim bursement under Code Section 15-6-32. (b) A judge ef a superior eaurt holding eeurt in a county outside ef the judicial circuit IB wttico nc WAS elected OP Appointed to bold coupt dn&ir DC entitled to fcccive( m* ftddiTM tien te the compensation provided by law; reimbursement for expenses incurred white holding eeurt outside ef his judicial circuit in the same amount -and in the same manner
AS ft JUdC Or vn& SVlpCFlOF COUFr noldin^ COUft Ift ft COUttty OttlCf tnftlt vitftv Or R18 1HJS1*
(c) The expenses provided fer in this Code section shall be paid for the following purpeses and m the following manner:
(1) For transportation te and from a eeunty outside ef the residence ef the judge; if

received ijy tne oiticeFS) orriciftiSy cuid employecs or tftc vftrious depctrtiiuciiits^' institu* tieas; beards; bureaus, and agencies ef the state; (2) Actual east ef transportation shall be allowed te and from a county outside ef the residence ef the judge; if same is by public conveyance; and
\o) /YCliUftl CO8t Or ffiOftiS ftAd lOu^H)^ lOf 9611 Snfilz 196 flllOWCd n UlCUFFed In ft COUHcV

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{dKc) be acvcrol judges of the superior courts Superior court judges and senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section and Code Sections 47-8-64 and 47-9-60, to the state auditor to The Council of Superior Court Judges; and the state auditor The Council of Superior Court Judges of Georgia is directed to audit each account and approve same for payment, if found correct and in compliance with uniform policies and guidelines established pursuant to subsection (a) of this Code section, and to transmit the total amount to the Deportment of- Administrative Services ft* payment, and to make payments from the funds available for the operation of the superior courts of this state. Senior judges ef- the superior eeurte shall; enee a month; submit detailed and- certified statement of- the items ef-expense? as authorized by Gede Sections 47-8 64 and 47 0 60, to the state auditor; and the state auditor is directed to audit -each account and approve same for payment, if found correct, and to transmit the total amount to tee Department f Administrative Services far payment from the funds available for the operation ef fee superior courts ef-this state? (d) The Council of Superior Court Judges of Georgia shall prepare and submit a pro posed budget for state funds necessary to provide reimbursement of expenses as pro vided in this Code section in accordance with the provisions of Code Section 45-12-78. The budget request shall be based on the previous year's expenditures."
SECTION 7. Said title is further amended in Code Section 15-6-34, relating to The Council of Superior Court Judges of Georgia, by inserting after subsection (c) of said Code section new subsec tions (d) and (e) which read as follows:
"(d) The council shall serve as fiscal officer for the superior courts and shall prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the superior courts. (e) The council shall be deemed to be an agency of the State of Georgia pursuant to paragraph (1) of subsection (a) of Code Section 50-14-1."
SECTION 8. Said title is further amended in Code Section 15-14-6, relating to the contingent expense and travel allowance of certain court reporters, by striking subsection (a) of said Code sec tion and inserting in lieu thereof the following:
"(a) The Deportment of- Administrative Services is authorized and directed to pay frem fee state treasury fee sums specified in subsection {b> of this Gede section as- contingent expense and travel allowance to eaeh duly appointed reporter for the superior courts in all judicial circuito of this stater such sum being in In addition to the compensation of the superior court reporters provided by Iaw2 each duly appointed reporter for the supe rior courts shall be paid a contingent expense and travel allowance as provided m sub section (b) of this Code section."
SECTION 9. Said title is further amended in Code Section 15-14-6, relating to the contingent expense and travel allowance of certain court reporters, by striking subsection (d) of said Code sec tion and inserting in lieu thereof the following:
"(d) Annually during the month of January the judge or chief judge of each judicial cir cuit shall certify to the Deportment of Adminiotrativc Services The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the department of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment."
SECTION 10. Said title is further amended in Code Section 15-18-14, relating to state paid assistant dis trict attorneys, by striking paragraph (2) of subsection (b) of said Code section and insert ing in lieu thereof the following:

THURSDAY, FEBRUARY 26, 1998

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"(2) Subject to the availability of funding and at the option of the Department of Human Resources, 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,' 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 ef Administrative Services Prosecuting Attorneys' Council of the State of Georgia in accordance with the com pensation 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 pro visions of that judicial circuit."
SECTION 11. Said title is further amended in Code Section 15-18-14.2, relating to victim assistance pro grams and personnel of the district attorney, by striking subsection (d) of said Code sec tion and inserting in lieu thereof the following:
"(d) Not later than June 1 of each year, the Prosecuting Attorneys' Council of the State of Georgia shall furnish to each district attorney emd the Department of- Administrative Services a budget for the judicial circuit based on the amount appropriated by the Gen eral Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section."
SECTION 12. Said title is further amended in Code Section 15-18-19, relating to personnel administra tion for state paid district attorney personnel, by striking paragraph (5) of subsection (e) of said Code section and inserting in lieu thereof the following:
"(5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Deportment ef- Administrative Services Prosecut ing Attorneys' Council of the State of Georgia as provided by this subsection from funds appropriated for such purpose. The council may; with the consent ef the Department ef 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."
SECTION 13. Said title is further amended by inserting a new Code section to be designated Code Sec tion 15-18-47 to read as follows:
"15-18-47.
The Prosecuting Attorneys' Council of the State of Georgia shall be deemed to be an agency of the State of Georgia pursuant to paragraph (1) of subsection (a) of Code Sec tion 50-14-1."
SECTION 14. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uni form Reciprocal Enforcement of Support Act," is amended in Code Section 19-11-58, relat ing to the duties of the Department of Human Resources under the "Uniform Reciprocal Enforcement of Support Act," by striking paragraph (3) of said Code section and inserting in lieu thereof the following:
"(3) To approve as to form all orders for payment of the district attorneys' fees and forward same to the commissieHef ef administrative services Prosecuting Attorneys' Council of the State of Georgia for payment; and"
SECTION 15. Said article is further amended by striking Code Section 19-11-59, relating to the payment of district attorneys' fees, and inserting in lieu thereof the following:

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"19-11-59.
The fee of the district attorney arising under this article shall be paid by the commiasienef ef administrative services Prosecuting Attorneys' Council of the State of Georgia upon receipt of the order for the payment of such fees that has been approved by the state information agency. Payment shall be made fre fends appropriated for the epenttiea el the superior- courts."
SECTION 16. Article 3 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uni form Interstate Family Support Act," is amended in Code Section 19-11-127, relating to the authority of district attorneys, fees, and neglect of duty, by striking subsection (b) of said Code section and inserting in lieu thereof the following:
"(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 shH be peaA te the county in which the petition is handled the sum of $50.00 for each such support order established shall be transferred to the state operating budget of such district attorney, whether this state is the initiating or responding jurisdiction. Such amount shall be paid by the Prosecuting Attorneys' Council of the State of Georgia from such funds as may be appropriated for the operations of the district attorneys upon receipt of the order for the payment of such fees that has been approved by the state information agency."
SECTION 17. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employ ees, is amended by striking Code Section 45-9-3, relating to law enforcement personnel ser ving on temporary assignment, and inserting in lieu thereof the following:
"45-9-3.
(a) Law enforcement personnel who are participants in any program coordinated and administered by the Georgia Organized Crime Prevention Council, which program pro vides for the temporary assignment or loan of local law enforcement personnel to other local law enforcement agencies for the purpose of such law enforcement officers serving as undercover agents in criminal investigations or in any other manner or capacity assisting such local agencies in criminal investigations, may be provided protection against personal liability for damages sustained by third parties and arising out of the performance of such law enforcement personnel's duties while serving on such temporary assignment or loan. The commissioner of administrative services shall prescribe the terms and conditions under which such personnel may be covered by any liability insur ance policy or contract of indemnity or other like or similar programs administered by the commissioner pursuant to this article to provide such protection; provided that per-

lUHtra tt96t tO pfly SUCH PCFSOIIS ^ Sflflll DC ftllOWCQ T pUPCIl&9 pOilC168 i llftulJlty lIlflvuFTM
considered te be state employees. (b) All personnel employed by the district attorneys of the state, irrespective of the source of the funds used to pay such persons, shall be provided policies of liability insur ance and contracts of indemnity insurance the same as other state employees and for the purpose of this article shall be considered to be state employees. Any costs associ ated with such coverage shall be paid out of such funds as may be appropriated for the operations of the district attorneys. (c) All personnel employed by a superior court judge of this state, irrespective of the source of the funds used to pay such persons, shall be provided policies of liability insur ance and contracts of indemnity insurance the same as other state employees and for the purpose of this article shall be considered to be state employees. Any costs associ ated with such coverage shall be paid out of such funds as may be appropriated for the operations of the superior courts."
SECTION 18. Said title is further amended by striking subsection (c) of Code Section 45-12-78, relating to the submission of annual budget estimates, and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 26, 1998

1197

"(c) Budget estimates for the judiciary shall be prepared by the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals and such other judicial offi cers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The director ef tine Office of- Treasury and Fiscal Services shaU assist at the preparation ef these budget estimates, if requested."
SECTION 19. Said title is further amended by striking Code Section 45-18-14, relating to employee deductions for health insurance and coverage for certain employees appealing discharge, in its entirety and inserting in lieu thereof the following:
"45-18-14.
(a) During any period in which an employee is covered under this article prior to the date of his such employee's retirement, there shall be withheld from each salary pay ment or other compensation of such employee, as his or her share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this article as may be established by the board. During any month in which benefits are being paid by the Employees' Retirement System of Georgia to an individual so covered under this program, contribu tions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the executive and judicial branches of state government shall contribute to the health insur ance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, based on a percentage of the total outlay for personal services in addition to an amount to be established by the board to defray the cost of administration and the state's por tion of the cost of benefits payable for annuitants. The legislative fiscal officer shall con tribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. he Department ef Administrative Services shsii contribute te the fond as n employer pay ment for and en behatf ef district ottorncys, assistant district attorneys appointed pur suant te Code Section 16-18-14, and secretaries and law eterfcs ef- the superior eeurts ef the state and secretarial) employed by district attorncyo. The amount of such contribu tions shall be such portions of the costs of such benefits as may be established by the board as a percent of the total outlay of services rendered by members of the General Assembly; and its administrative and clerical personnel; and the district attorneys ef the superior eaurts ef- the state; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. (b) If an employee has been eligible for coverage under the state health insurance plan for a period of ten years and is discharged from employment and the discharge is under appeal to the State Personnel Board, such employee shall be entitled to continue cover age by paying the employee contribution under the health insurance plan until the State Personnel Board has rendered a decision or for a period of six months, whichever is less."
SECTION 20. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by striking subsections (b), (c), and (d) of Code Section 47-2-260, relating to the continuation of membership in the Employees' Retirement System of Georgia of certain officials and employees, and inserting in lieu thereof the following:
"(b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue as a member of the retire ment system shall notify the director of the Employees' Retirement System of Georgia and the Deportment ef Administrative Services appropriate payroll office of that deci sion. Upon making such election and giving the required notice, a member who is sub ject to the provisions of this Code section shall not be required to become a member of or make contributions to the Superior Court Judges Retirement System provided for in Chapter 9 of this title or to the District Attorneys' Retirement System provided for in Chapter 13 of this title.

1198

JOURNAL OF THE HOUSE,

(c) Employee contributions, including contributions for retirement allowances, survivors benefits under Code Section 47-2-128, and social security coverage, of members referred to in this Code section shall be deducted by the Deportment ef Administrative Services from the compensation paid by the state to such members and remitted to the retire ment system. (d) The Deportment ef Administrative Services is authorized and directed te pay frem
vnG nlttuS flppPOpPlfttCd Gf OlilcrwiSC fil&uft AVftllfi D1C IOP cflC OpCFftriOR Of UlC JUulCUU
branch ef government ef- this state the The required employer contributions, including contributions for retirement allowances, survivors benefits under Code Section 47-2-128, and social security coverage, shall be paid from the funds appropriated or otherwise made available for the operation of the judicial branch of government of this state and te remit these contributions remitted to the retirement system."
SECTION 21. Said title is further amended in Code Section 47-2-264, relating to membership in the Employees' Retirement System of Georgia of secretaries employed by judges of superior courts and district attorneys, by striking subsection (a) of said Code section and inserting in lieu thereof the following:
"(a) Each secretary employed by a judge of the superior court or a district attorney under Code Section 15-6-25 or 15-18-17 shall be a member of the Employees' Retire ment System of Georgia with a commencement date of July 1, 1975. Any such secretary who is already a member of the retirement system by virtue of service with another employer shall be entitled to credit for all service rendered while an employee under the retirement system. All contributions required under this chapter shall be paid from funds appropriated or otherwise available for the operation of the superior eewts judi cial branch, and all such payments shall be in addition to the regular compensation pro vided by law for such secretaries."
SECTION 22. Said title is further amended in Code Section 47-2-265, relating to membership in the Employees' Retirement System of Georgia of district attorney investigators, by striking subsection (d) of said Code section and inserting in lieu thereof the following:
"(d) The state salaries paid to district attorney investigators who become members of the retirement system pursuant to this Code section shall be the basis for employee and employer contributions to the retirement system for such members. All employer contri butions, including employee contributions made by the employer on behalf of members, which are required by this chapter for such members shall be paid from funds appropri ated or otherwise made available for the operation of the superior eeurts district attor neys. The Deportment ef- Administrative Services shall deduct from the state salaries payable te stteh members the additional employee contributions required by this chapter shall be deducted from the state salaries payable to such members."
SECTION 23. Said title is further amended in Code Section 47-2-290, relating to membership in the Employees' Retirement System of Georgia of certain judges, solicitors, and other employ ees of state courts, by inserting after subsection (d) of said Code section a new subsection (e) which reads as follows:
"(e) Effective July, 1, 1998, the employer contribution required by subsection (b) of this Code section shall be paid by The Council of Superior Court Judges of Georgia except that any employer contributions to be paid on behalf of a solicitor or solicitor-general of a state court or an employee of such solicitor or solicitor-general shall be paid by the Prosecuting Attorneys' Council of the State of Georgia."
SECTION 24. Said title is further amended by striking Code Section 47-9-26, relating to appropriations for the fund's administrative expenses, in its entirety and inserting in lieu thereof the fol lowing:
"47-9-26.

THURSDAY, FEBRUARY 26, 1998

1199

In order to pay the administrative expenses of the fund and upon the receipt of a request from the board on or after December 31, 1976, and each year thereafter, the Department of Administrative Services is authorized and directed to pay into the fendr from fends appropriated er otherwise available (or the operation ef the superior courts ef the state; an amount equivalent to 1 percent of the compensation paid from state funds to the judges of the superior courts for personal services rendered by them, as reflected by the state auditor's report for the previous fiscal year^ shall be paid into the fund from funds appropriated or otherwise available for the operation of the superior courts of the state."
SECTION 25. Said title is further amended in Code Section 47-9-42, relating to payment of employee contributions for the superior court judges retirement system, termination of membership, and rights of members, by striking subsection (a) of said Code section and inserting in lieu thereof the following:
"(a) The basis for employee contributions to the fund shall be the salaries from state funds provided by law for judges of the superior courts. The Deportment el Adminiatra twe Services The Council of Superior Court Judges of Georgia is authorized and directed to deduct 7 Vi percent monthly from the salary of each judge of the superior courts who is a member of the retirement system to cover the employee contributions to the fund. The Department of- Administrative Services The Council of Superior Court Judges of Georgia is also authorized to make an additional deduction from such salaries to cover any required employee tax for social security coverage. The Department ef Administrative Services The Council of Superior Court Judges of Georgia is authorized and directed to pay, from the funds appropriated or otherwise available for the opera tion of the superior courts of the state, any required employer contribution for social security coverage on such judges, from funds appropriated er otherwise available for the operation ef superior courts, the Department ef Administrative Services is authorized and directed to pay into the fund- the The employer contributions, including contribu tions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses benefits under this chapter and shall be paid from funds appropriated or otherwise available for the opera tion of superior courts."
SECTION 26. Said title is further amended in Code Section 47-9-73, relating to the spouses benefits under the superior court judges retirement system, by striking subsection (a) of said Code section and inserting in lieu thereof the following:
"(a) Except as otherwise provided by subsection (e) of this Code section, each superior court judge who is a member of this retirement system shall pay, for spouses benefits, an employee contribution of 2 Vz percent of the state salary paid to such judge. Such contribution shall be in addition to that required under subsection (a) of Code Section 47-9-42. The Department ef- Administrative Services shall he authorized to deduct monthly the The employee contributions required for spouses benefits shall be deducted from the compensation of such member."
SECTION 27. Said title is further amended by striking Code Section 47-10-27, relating to appropriations for the fund's administrative expenses, in its entirety and inserting in lieu thereof the fol lowing:
"47-10-27.
Upon the receipt of an annual request from the board, the Deportment ef- Adminiatra ttve Services is authorized and directed to pay into the fund from funds appropriated
OP OoliW!Wl8C ftVflllflDiC tOt $nC OpCFAtlOH Or Tn6 SUpCFlOl* COUTr8 dx tttC 9utC flU UHOUHt
sufficient to pay the administrative expenses of the fund as certified by the board to the Deportment ef Administrative Services shall be paid by_ The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia

1200

JOURNAL OF THE HOUSE,

from such funds as may be appropriated or otherwise available for the oj superior courts and district attorneys, as appropriate."
SECTION 28. Said title is further amended in Code Section 47-10-62, relating to the employee and employer contributions for certain judges and solicitors-general to the Trial Judges and Solicitors Retirement Fund, by striking subsection (b) of said Code section and inserting in lieu thereof the following:
"(b) From funds appropriated or otherwise available for the operation of superior courts, the Deportment ef- Administrative Services The Council of Superior Court Judges of Georgia is authorized and directed to pay into the Trial Judges and Solicitors Retire ment Fund monthly employer contributions, including contributions to fund any credit able service authorized by this chapter on behalf of judges of the inferior courts. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and dis ability retirement benefits under this chapter. (c) From funds appropriated or otherwise available for the operations of the district attorneys, the Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions, including contributions to fund any creditable service authorized by this chapter on behalf of the solicitors-general. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter."
SECTION 29. Said title is further amended by striking Code Section 47-13-28, relating to appropriations for the fund's administrative expenses, and inserting in lieu thereof the following:
"47-13-28.
In order to pay the administrative expenses of the fund, the Department ef Administra tive Services open the receipt ef-a request from the beard OK er after Jvkf 1; 1078, and each year thereafter, is authorized and directed te pay; frem fends appropriated er eth-
amount equivalent to the actual expenses incurred by the board in the administration of the fund, as reflected by the state auditor's report for the previous fiscal yeait shall be paid to the board by the employer upon receipt of a request from the board. The
DOftPCt SiiCUi CBXimftlC 8UCI& ftCuUftx COBtiS tQf Ul IlSCCtt yCflUf D6lftHlD olliy TJ ill lOj &DCI
need te pay stteh eests fer such fiscal year based en seh estimate."
SECTION 30. Said title is further amended in Code Section 47-13-40, relating to membership in the Dis trict Attorneys' Retirement System, by striking subparagraph (d)(l)(C) and inserting in lieu thereof the following:
"(C) The Deportment ef- Administrative Services employer shall pay to the Employ ees' Retirement System of Georgia frees fends appropriated er available te saiddeportment fe* the operation of- the superior eearts any deficit between the employer contributions transferred under subparagraph (A) of this paragraph and the amount of employer contributions that would have been made to said employ ees' retirement system on behalf of the transferring district attorney if the transfer ring district attorney had been a member of said employees' retirement system while holding office as a district attorney, plus regular interest on such deficit amount."
SECTION 31. Said title is further amended by striking subsections (a) and (b) of Code Section 47-13-50, relating to employee contributions in the District Attorneys' Retirement System, and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 26, 1998

1201

"(a) The basis for employee contributions to the fund shall be the salaries from state funds provided by law for district attorneys. The Department of Administrative Services Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to deduct monthly from the salary of each district attorney who is a member of the retire ment system 7 Vz percent of such salary to cover the employee contributions to the fund. The Department ef- Administrative Services Prosecuting Attorneys' Council of the State of Georgia is also authorized to make an additional deduction from such salaries to cover any employee tax for social security coverage that may now or hereafter be required for such coverage. (b) The Department ef Administrative Scrvicco Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay from the funds appropriated or other wise available for the operation of the superior eearts district attorneys of this state; any employer contribution for social security coverage that may now or hereafter be required for the members of the retirement system. From funds appropriated or otherwise availa ble for the operation of superior eewrts district attorneys, the Department of- Adminisfestive Services Prosecuting Attorneys' Council of the State of Georgia is also authorized and directed to pay into the fund employer contributions, including contributions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for in this chapter."
SECTION 32. Said title is further amended by striking subsection (a) of Code Section 47-13-72, relating to the spouses benefits under the District Attorneys' Retirement System, and inserting in lieu thereof the following:
"(a) Except as otherwise provided by subsection (d) of this Code section, each district attorney who is a member of the retirement system shall pay an employee contribution of 2 V4 percent of the state salary paid to such district attorney for spouses' benefits, which contribution shall be in addition to the contribution required under subsection (a) of Code Section 47-13-50. The Deportment f Adminiotmtivc Services shall be autho rised te deduct monthly the employee contributions required in this Code section for spouses' benefits shall be deducted from the salary paid from state funds to such district attorney."

SECTION 33.
Said title is further amended in Code Section 47-18-40, relating to intergovernmental retirement agreements, is amended by striking subsection (e) and inserting in lieu thereof the following:
"(e) The position of any member of the division or part of the Superior Court Judges Retirement Fund of Georgia who does not desire coverage may be transferred to the sep arate retirement fund composed of positions of members who do desire coverage upon such terms and conditions and at such time as permitted by federal law. In the event of such transfer, the employee contributions of such member required for social security coverage shall be deducted by the commissioner ef- administrative services from the com pensation paid such member and remitted to the state agency, together with the required employer contributions. The commissioner ef administrative scrvieco is atrtherised and directed te pay; from fanda appropriated or othcrwioc available fet the opera tiea ef- the superior courts, the required employer contributions on any such transferred member shall be paid from funds appropriated or otherwise available for the operation of the superior courts."

SECTION 34.
It is the intent of the General Assembly that in carrying out the duties imposed by this Act The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia and such officers, employees, or agents as they may autho rize to hold public funds shall be subject to Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds.

1202

JOURNAL OF THE HOUSE,

SECTION 35.
(a) Notwithstanding any other provision of law to the contrary, any reference in the Offi cial Code of Georgia Annotated to any duty, responsibility, or obligation imposed upon the Department of Administrative Services or any division, office, or employee thereof relating to the compensation, retirement, or expenses of personnel employed by the Judicial Branch of state government not specifically amended by this Act, shall, as of the effective
date of this Act, mean: (1) The Council of Superior Court Judges of Georgia, when such term relates to a superior court judge, any person appointed by a superior court judge and compensated by the State of Georgia, or a judge of a juvenile or state court who is a member of
a retirement system in which the Act creating the same requires any payments be made from funds appropriated for the operation of the superior courts; and (2) The Prosecuting Attorneys' Council of the State of Georgia, when such term
relates to a district attorney or any person appointed by a district attorney and com pensated by the State of Georgia or a solicitor-general of a state court who is a mem ber of a retirement system in which the Act creating the same requires any payments
be made from funds appropriated for the operation of the superior courts. (b) Pursuant to the authority granted by Code Section 28-9-5, the Code Revision Commis
sion is directed to correct inaccurate references to the titles of officers and the names of departments or other agencies of the state and make such other name changes as are nec essary to the Official Code of Georgia Annotated so as to be consistent with and carry out
the intent of this Act. (c) The provisions of this Act shall not be construed as modifying or otherwise affecting
the rights or benefits of any person under any publicly supported retirement system of this state. The provisions of this Act amending Title 47 of the Official Code of Georgia Anno tated, relating to retirement, are for the sole purpose of transferring certain ministerial
functions from the Department of Administrative Services to the agencies of the judicial
branch designated therein.

SECTION 36.
(a) All those ministerial functions of the Department of Administrative Services relating to the payment of salaries and other expenses of the judges and district attorneys of the superior courts pursuant to Section 408 of the Executive Reorganization Act of 1972 (Ga. L. 1972, p. 1015) or as otherwise provided in the Official Code of Georgia Annotated shall be transferred to The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia, respectively, as of the effective date of this Act.
(b) The Department of Administrative Services shall transfer all documents, records, and reports relating to the payment of salaries and other expenses of the superior courts or district attorneys, together with copies of all computer software, computer hardware, data, and technical manuals necessary for The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of Georgia, respectively, to be able to assume such ministerial functions on the effective date of this Act without any disruption in the payment of said salaries and expenses to the personnel of the superior courts and district attorneys.
(c) The commissioner of administrative services is directed to make available without cost for a period not to exceed two fiscal years such technical assistance as may be requested by The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Coun cil of the State of Georgia or such persons or entities designated by them to ensure that the transfer of said functions shall be accomplished without any disruption in the payment of said salaries and expenses to the personnel of the superior courts and district attorneys.

SECTION 37.
This Act shall be effective July 1, 1998; except that for the purpose of performing any administrative actions necessary to effectuate the transfer of all those ministerial functions of the Department of Administrative Services relating to the payment of salaries and other expenses of the judges and district attorneys of the superior courts to The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of

THURSDAY, FEBRUARY 26, 1998

1203

Georgia, this Act shall be effective upon its approval by the Governor or its becoming law without the approval of the Governor.
SECTION 38. All laws and parts of laws in conflict with this Act are repealed.

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

Alien YAndereon
Ashe Y Bailey
Bannister EBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn E Burkhalter YByrd Y Campbell Y Canty YCash Y Channel!
YChilders Y Clark YCoan YColeman, B Y Coleman, T YConnell
Y Cooper Y Crawford Y Crews

Y Culbreth Y CumnunK8 Y Davig, G
Davis, M YDay
DeLoacb, B YDeLoach, G EDii YDixon YDobbs Y Dukes YEhrhart
Eppe Y Evans YEverett YFelton YFloyd Y Franklin Y Golden
Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones E Joyce EKaye YLadd ELakly YLane YLee Y Lewis YLord
Lucas Maddox YMann Y MfiBnicg 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
Perry YPinholster YPoag YPolak E Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett EScheid Y Scott Y Shanahan YShaw YSherrill
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 ESneUing
Snow YStallings YStanciLF Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles
WiUiams, B Y Williams, J Y WiUiams, R YWorthan YYates
Murphy, Spkr

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

HB 1274.

By Representative Powell of the 23rd:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions relative to property, so as to provide exemptions to the requirement to disclose certain information when such dis closure is prohibited by or constitutes a violation of federal or state laws or regulations.

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

1204
Alien Y Andersen
Ashe Y Bailey Y Bannister EBarfoot Y Barnard YBaraes
Bates YBenefield YBiidsong
Bohannon Bordeaux Y Bradford Bnedlove Y Bridges Y Brooks Y Brown Buck YBuckner YBunn E Burkhalter YByrd Y Campbell Y Canty YCash YChanneU YChilders Y Clark YCoan Y Coleman, B YColeman, T YConneU Y Cooper Y Crawford Y Crews

JOURNAL OF THE HOUSE,

Y Culbreth Y Cununings Y Davis, G Y DaTM. M
Day DeLoach, B YDeLoach, G EDix Dixon YDobbs Y Dukes YEhrhart Epps Y Evans
Y Everett YFelton YFloyd Y Franklin
Y Golden Graves
YGreene
YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall Hegstrom Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones E Joyce EKaye
Ladd ELakly YLane YLee Y Lewis YLord
Lucas Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
YMcCall Y McClinton
McKinney Y Mills Y Mobley Y Mosley Y Mueller YOUed YOrrock Y Parham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag
Polak E Ponder Y Porter Y Powell YPurceU
YRagas YRandaU YRay Y Reaves YReichert
YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett EScheid Y Scott
Shanahan YShaw YSherriU YShipp 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 ESnelling
Snow
YStallings Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker YWUes
Williams, B
YWUUams, J Y Williams, R
Y Worthan YYates
Murphy, Spkr

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

HB 1633.

By Representatives McCall of the 90th, Hanner of the 159th, Lane of the 146th, Powell of the 23rd, Floyd of the 138th and others:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Anno tated, relating to fish, so as to provide limited liability for owners and opera tors of fishing locations 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 YAndenon
Ashe Y Bailey Y Bannister EBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Braedlove Y Bridges Y Brooks Y Brown
Buck

Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty YCash YChanneU Y Childers Y Clark YCoan
Coleman, B Y Coleman, T YConneU 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 YDobbs YDukes YEhrhart
Epps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden
Graves YGreene

Y Grindley Y Hammontree Y Hanner Y Harbin Y Heard YHecht
Heckstall Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N
Y Hugley Ylrvin Y Jackson

Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones E Joyce EKaye
YLadd ELakly YLane YLee Y Lewis YLord
Lucas Maddox YMann Y Manning Y Martin, J

THURSDAY, FEBRUARY 26, 1998

1205

Y Martin, Jl YMaasey YMcBee YMcCall Y McClinton
McKinney Y Mills YMobley Y Motley YMueller YCVNeal YOrrock YParham YParriah Y Parsons YPelote
Perry

Y Pinholster YPoag YPolak E Ponder Y Porter YPowell YPuicell YRagas
Randall
YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal

Y Sanders Y Sauder YScarlett E Scheid Y Scott YShanaban YShaw YSherrill 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 ESnelling
Snow Y Shillings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper
Y Thomas YTillman Y Titus

Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Weetmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Anno tated, relating to general provisions relative to torts, so as to provide immu nity 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.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to gen eral provisions relative to torts, so as to provide immunity to manufacturers, distributors, dealers, sellers, and installers of switches to turn off air bags of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy in certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provi sions relative to torts, is amended by inserting a new Code section to be designated Code Section 51-1-47 to read as follows:
"51-1-47. The manufacturers, distributors, dealers, and sellers of a motor vehicle and those who, on authorization and direction of the owner or lessee, install a switch to turn off the air bag shall be immune from civil liability for any injuries caused by the failure of an air bag to deploy while the air bag has been properly disconnected, turned off, or other wise disabled by the owner, lessee, or operator of the motor vehicle or an agent of the owner or lessee of the motor vehicle."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Wiles of the 34th and Walker of the 141st move to amend the Committee substitute to HB 978 by striking line 21 of page 1 and inserting in lieu thereof the follow ing:

1206

JOURNAL OF THE HOUSE,

"while the air bag has been lawfully and in a prudent and workmanlike manner discon nected, turned".

The Committee substitute, as amended, was adopted.

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

Y Alien YAnderson
Aihe Y Bailey Y Bannister EBarfoot Y Barnard YBarnes
Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn E Burkhalter YByrd Y Campbell
Y Canty YCash Y Channell
N ChUders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell
Cooper Y Crawford Y Crews

YCulbreth Y Cumniings Y Davis, G Y Davis, M
Day
YDeLoach, B YDeLoach, G EDix YDUon YDobbs Y Dukes YEhrhart
Epps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden
Graves YGreene YGrindley Y Hammontree Y Banner Y Harbin Y Heard YHecht
HeckttaU Hegstrom YHenson Y Holland Y Holmes Y Houston Howard YHudgens Y Hudson, H

Y Hudson, N N Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson
Y Johnston YJones E Joyce
EKaye YLadd ELakly YLane YLee Y Lewis YLord
Lucas Maddoi YMann Y Manning Y Martin, J Y Martin, JX YMassey YMcBee YMcCall Y McClinton McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett EScheid Y Scott Y Shanahan
YShaw YSherrUl
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 ESnelling YSnow YStalUngs
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert
Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker 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 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 Anno tated, 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.

The following Senate substitute was read:

THURSDAY, FEBRUARY 26, 1998

1207

A BILL
To amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons with visual disabilities and deaf persons, so as to delete certain restric tions on the right of totally or partially blind vendors to be accompanied by guide dogs; to repeal certain provisions relating to the right of certain persons to use service capuchin monkeys in lieu of service dogs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of per sons with visual disabilities and deaf persons, is amended by striking in its entirety subsec tion (c) of Code Section 30-4-1, relating to the right to equal public accommodations for the disabled and the right to be accompanied by a guide dog or service dog, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog the location on the entire premises of his or her vending operation provided the gttwre deg romaina 26 feet r more <rem

SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 30-4-2, relating to the right of blind persons, visually disabled persons, and deaf persons to housing accommodations, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Blind persons, visually 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?
D\1.J Snftxx ttftVft tflC OptlOR Or U91H ft 8
monkey tfett ef a service dg provided that sack sendee capuchin monkey be i fied as having been trained by a seheet for service capuchin monkeys."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Mueller of the 152nd moved that the House agree to the Senate sub stitute to HB 714.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe Y Bailey Y Bannister EBarfoot Y Barnard YBarnes
Bates YBenefield
Birdsong YBohannon N Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn

E Burkhalter Y Byrd
Campbell Y Canty Y Cash Y Channel! Y Childere Y Clark YCoan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth N Cununings Y DaTM, G YDavis, M
Day Y DeLoach, B

DeLoach, G E Out Y Diion Y Dobbs Y Dukes Y Ehihart
Epps 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 Hecbt

Heckstall Hegstrom N Henson Y Holland Y Holmes Y Houston Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James YJamieson Y Jenkins Johnson YJohnston Y Jones E Joyce E Kaye

Y Ladd E Lakly Y Lane Y Lee Y Lewis Y Lord
Lucas 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 Moeley Y Mueller

1208

JOURNAL OF THE HOUSE,

YO'Neal Orrock
YParham YParrish Y Parsons YPelote
Perry YPinholster YPoag NPolak Y Ponder Y Porter YPoweU YPurcell NRagas

YRandall YRay Y Reaves YReichert YRice Y Richardson Y Roberts YRogen Y Royal Y Sanders Y Sander YScarlett EScheid Y Scott N Shanaban

YShaw Sherrill
YShipp YSinu
Sinkfield N 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 ESnefflng

YSnow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor YTeague NTeper N Thomas Y Tilhnan Y Titus Y Tolbert YTrense

Y Turaquest YTwiggg Y Walker, L Y Walker, R.L N Watson YWest Y Weetmoreland YWhitaker
Y Wiles Williams, B
YWilliamB, J Y Williams, R YWorthan YYatn
Murphy, Spkr

On the motion, the ayes were 137, nays 12. The motion prevailed.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 441 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

The Speaker announced the House in recess subject to call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

FRIDAY, FEBRUARY 27, 1998

1209

Representative Hall, Atlanta, Georgia Friday, February 27, 1998

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 EBarfoot
Barnard Bohannon Bradford Bridges Brooks E Brown Bunn Byrd Channel! Clark Coan Coleman, B
Crawford Crews Culbreth Cummings Davia, G DeLoach, G

EOii Dobbs Dukes
Epps Evans Everett Floyd
Franklin Graves Greene Hammontree Harbin Heckstall Hegstrom
Henson Holland Houston Howard Hudgens Hugley Jackson James

Jenkins Johnston Lakly Lewis Lord Maddoi Mann
Manning
Massey Mills Mobley
Mosley O'Neal
Orrock Parsons Pelote Pinholster Poag
Polak Ponder
Porter

Powell Puicell Ray Reichert Richardson Roberts Rogers Royal Sanders
Scarlett
Scheid
Scott
Shanahan
Shaw
Shipp
Sims Sinkfield
Smith, L Smith, L.R
Smith, P
Smith, T

Smith, V Snelhng Stallings Stancil, F Stephens Taylor Teper
Tillman
Titus Tolbert Trense Turnquest Watson West W hi taker Wiles Williams, J Williams, R Worthan Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Stanley of the 49th, Smith of the 175th, Canty of the 52nd, Sherrill of the 62nd, Twiggs of the 8th, Ladd of the 59th, Manner of the 159th, Heard of the 89th, Thomas of the 148th, Cash of the 108th, Golden of the 177th, Bates of the 179th, McClinton of the 68th, McKinney of the 51st, Rice of the 79th, Burkhalter of the 41st, Campbell of the 42nd, Jamieson of the 22nd, Jones of the 71st, Anderson of the 116th, Lee of the 94th, Dixon of the 168th, Hecht of the 97th, Holmes of the 53rd, Bordeaux of the 151st, Breedlove of the 85th, Stanley of the 50th, DeLoach of the 172nd, Barnes of the 33rd, McCall of the 90th, Martin of the 145th, Irvin of the 45th, Alien of the 117th, Westmoreland of the 104th, Lane of the 146th, Lucas of the 124th, Skipper of the 137th, Smyre of the 136th, Buckner of the 95th, Felton of the 43rd, Smith of the 19th, Teague of the 58th, Snow of the 2nd, Joyce of the 1st, Coleman of the 142nd, Parrish of the 144th and Parbam of the 122nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Richard T. Chewning, Pastor, First United Metodist Church of Greensboro, Greensboro, 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.

1210

JOURNAL OF THE HOUSE,

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

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

HB 1792. By Representative Massey of the 86th:
A bill to amend an Act re-creating the Board of Commissioners of Barrow 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 1793. By Representative Skipper of the 137th:
A bill to amend an Act providing for the election of the Sumter County Board of Education, so as to provide for the election of the members of the board in nonpartisan elections without prior nonpartisan primaries.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1794. By Representative Hudgens of the 24th:
A bill to provide for up to two advisory referendum elections to be held in Madison County for the purpose of determining the type of county govern ment desired by the people of Madison County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1795. By Representative Childers of the 13th:
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 lobbyist disclo sure, so as to provide for additional regulation of activities of lobbyists.
Referred to the Committee on Rules.

HB 1796. By Representative Hanner of the 159th:
A bill to amend an Act reconstituting the Board of Education of Webster County and providing for its powers, duties, rights, obligations, and liabilities and subjecting it to certain constitutional and statutory provisions, so as to change the composition of education districts from which members of the board of education are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 27, 1998

1211

HB 1799. By Representative Crawford of the 129th:
A bill to amend an Act creating the Board of Commissioners of Pike County, so as to provide for a county manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1800. By Representative Crawford of the 129th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pike County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1801. By Representatives Mueller of the 152nd, Pelote of the 149th, Thomas of the 148th and Stephens of the 150th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1802. By Representatives Shipp of the 38th, Sauder of the 29th, Richardson of the 26th, Parsons of the 40th, Ehrhart of the 36th and others:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Anno tated, relating to the Department of Transportation, so as to authorize the Department of Transportation to acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County.
Referred to the Committee on Transportation.

HB 1803. By Representatives Holmes of the 53rd, Davis of the 48th, Irvin of the 45th, Stanley of the 49th, Polak of the 67th and others:
A bill to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to add four members of the authority to be appointed by the legislative delegation.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1804. By Representatives Teague of the 58th, Scott of the 165th, Williams of the 114th, Brooks of the 54th and Mobley of the 69th:
A bill to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, loaning, distributing, or exhibiting materials which are harmful to minors, so as to prohibit the entry of minors onto the premises of certain business establishments which sell sexually explicit mate rials.
Referred to the Committee on Special Judiciary.

HB 1805. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Code Section 15-9-13 of the Official Code of Georgia Anno tated, relating to procedures to be followed when a probate judge is disquali fied or unable to act, so as to provide that in such instance a judge of a probate court may appoint another judge of the probate court to act in his or her stead.
Referred to the Committee on Judiciary.

1212

JOURNAL OF THE HOUSE,

HR 1173. By Representative Poag of the 6th:
A resolution designating the "Floyd Hulett-Monroe Steelman Memorial Bridge".
Referred to the Committee on Transportation.

HR 1174. By Representative Poag of the 6th: A resolution designating the "Will Ross-Charlie Wilson Memorial Bridge".
Referred to the Committee on Transportation.

HR 1187. By Representatives Mueller of the 152nd, Pelote of the 149th, Day of the 153rd, Stephens of the 150th, Thomas of the 148th and others:
A resolution authorizing the conveyance of certain property located in the City of Savannah, Chatham County.
Referred to the Committee on State Institutions & Property.

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

HB 1809. By Representatives DeLoach of the 172nd, Tillman of the 173rd, Barnard of the 154th and Mosley of the 171st:
A bill to provide that no constitutional officer of Liberty County shall receive a fee, commission, or other compensation for the discharge of the duties of his or her office other than the salaries authorized by law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1810. By Representatives DeLoach of the 172nd, Tillman of the 173rd, Barnard of the 154th and Mosley of the 171st:
A bill to amend an Act entitled "An Act creating the office of tax commis sioner of Liberty County," so as to change the method of compensating the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1813. By Representatives Dobbs of the 92nd, Hanner of the 159th, Lane of the 146th and Breedlove of the 85th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to define certain terms; to provide powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to change the criteria for the exemption of certain property from liability.
Referred to the Committee on Natural Resources & Environment.

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

HB 1775 HB 1776 HB 1777

HB 1778 HB 1779 HB 1780

FRIDAY, FEBRUARY 27, 1998

1213

HB 1781 HB 1782 HB 1783 HB 1784 HB 1785
HB 1786 HB 1787
HB 1788 HB 1789 HB 1790 HB 1791
HB 1797

HB 1798 HR 1168 HR 1171 SB 529 SB 590
SB 591 SB 604
SB 608 SR 586 SR 613 SR 635
SR 639

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 1754 Do Pass HB 1756 Do Pass HB 1757 Do Pass
HB 1758 Do Pass HB 1759 Do Pass HB 1760 Do Pass HB 1761 Do Pass

HB 1762 Do Pass HB 1763 Do Pass HB 1764 Do Pass
HB 1767 Do Pass HB 1768 Do Pass HB 1773 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 Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1530 Do Pass, by Substitute HB 1660 Do Pass, by Substitute
Respectfully submitted, /s/ Jamieson of the 22nd
Vice-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:

1214

JOURNAL OF THE HOUSE,

HB 1774 Do Pass

Respectfully submitted, /s/ Byrd of the 170th
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:
HB 1564 Do Pass, by Substitute HB 1739 Do Pass HR 1099 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
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 fol lowing Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 463 Do Pass SB 592 Do Pass SR 474 Do Pass, as Amended
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 56 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

FRIDAY, FEBRUARY 27, 1998

1215

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 27,1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enu merated below:
HB 292 State court judges; compensation HB 1094 MARTA; contracts; amend provisions HB 1220 Prof Standards Commission; cert personnel; salary schedules HB 1327 Workers' compensation; amend provisions HB 1441 Municipal courts; misdemeanor jurisdiction; repeal cert prov HB 1585 Children; removal from home; preservation and reunification HB 1603 Annexation; effective date HB 1621 Income tax credit; certain homes with accessibility features HB 1642 Judges; certain prior service; appointment as senior judge HB 1672 Tax digest; property in dispute; limitation HB 1730 Judicial officers; certain civil actions against; attorney's fees HB 1731 Cobb Judicial Circuit; superior court judges; compensation
HR 1029 Donald Ridley 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 considera tion and read the third time:

HB 1754. By Representatives Wiles of the 34th, Bradford of the 30th, Grindley of the 35th, Barnes of the 33rd, Ehrhart of the 36th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of senior district attorneys, assist ant 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.
On the passage of the Bill, the ayes were 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1756. By Representative Martin of the 145th:
A bill to amend an Act creating the Metter-Candler County Airport Author ity, so as to change the terms of the members of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 1757.

By Representative McCall of the 90th:
A bill to amend an Act providing for the election of members of the Board of Education of Lincoln County, so as to provide, if approved by the voters of Lincoln County, for nonpartisan primaries and elections for members of the Board of Education of Lincoln County beginning with the primaries and elections to be held in the year 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 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1758. By Representative Smith of the 103rd:
A bill to amend an Act providing a new board of commissioners of Heard County, so as to provide for cost-of-living and longevity increases.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1759. By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to provide for four-year terms of office for the mayor and aldermen.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1760. By Representatives West of the 101st and Stallings of the 100th: A bill to create the Carroll County Family Connection Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1761.

By Representatives Bradford of the 30th, Wiles of the 34th, Sauder of the 29th, Barnes of the 33rd, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

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

FRIDAY, FEBRUARY 27, 1998

1217

On the passage of the Bill, the ayes were 99, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1762.

By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A bill to amend an Act providing a new charter for the City of Stockbridge, so as to change the corporate boundaries of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1763. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to create the Dublin-Laurens County Commission on Children, Youth, and Families.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1764. 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 provide for a full-time solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1768. By Representative Massey of the 86th: A bill to create the City of Winder Public Facilities Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1773.

By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the clerk of the superior court.

1218

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 99, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1767. By Representative Massey of the 86th:
A hill 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.

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 Andenon YAshe YBailey Y Bannister
YBarfoot Y Barnard YBaiDM
Bates Y Benefield YBirdsong Y Bohannon
Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks E Brown
Buck Buckner YBunn Y Burkbalter YByid Y Campbell Y Canty YCash Channel] Y Guilders Clark YCoan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews

Culbreth Y CununinsB
Y Davfa, G Y DaTM, M
Day DeLoach, B YDeLoach, G Dix
YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett
Felton Floyd Y Franklin
Y Golden Y Graves YGreene
Grindley Y Hanunontree Y Manner Y Harbin Y Heard
Hecht YHeckstall YHegstrom
Henson Y Holland
Holmes Y Houston
Howard YHudgens
Hudson, H

Y Hudson, N YHugley Ylrvin
Jackson James Y Jamieson Y Jenkins Johnson Y Johnston
YJones Joyce
YKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas Y Maddoi YMann Y Manning Y Martin, J
Martin, J.L Y Massey YMcBee
McCall Y McClinton
McKinney YMilk Y Mobley YMoeley
Mueller YO'Neal
Orrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas YRandall YRay
Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Scarlett Y Scheid Y Scott YShanahan 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
Smith, T Y Smith, V
Smyre YSnelling
YSnow Y Stalling YStancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas
Tillman Titus YTolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles Williams B YWUUams,J Y Williams, R YWorthan YYates Murphy, Spkr

On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

FRIDAY, FEBRUARY 27, 1998

1219

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

SB 71. By Senators Burton of the 5th, Oliver of the 42nd and Ralston of the 51st:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to the determination of child custody, so as to provide for con sideration of evidence regarding emotional, physical, or psychological abuse; to authorize orders that visitation take place only under supervision; to pro vide for lifting such restriction upon visitation.

SB 543. By Senators Hill of the 4th, Thomas of the 10th, Marable of the 52nd and others:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to provide for the trans fer of certification and recertification responsibilities for paramedics and cardiac technicians to the Department of Human Resources from the Com posite Board of Medical Examiners; to provide for definitions.

SB 575. By Senators Madden of the 47th, Street of the 19th, Gillis of the 20th 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 provide for uniform reimbursement for hospital inpatient services; to provide for an effective date.

SB 599. By Senators Langford of the 29th and Marable of the 52nd:
A bill to amend Chapter 33 of Title 31 of the Official Code of Georgia Anno tated, relating to health records, so as to require governmental entities to furnish certain evaluations or reports regarding their employees to those employees or health care providers designated by such employees; to provide for immunity from liability.

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 Anno tated, relating to retirement allowance options under the Employees' Retire ment System of Georgia, so as to provide that a retired member who marries may elect a spouse's option.

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 commu nications 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.

HB 1156.

By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to change the provisions relating to denial of hospital staff privileges.

1220

JOURNAL OF THE HOUSE,

HB 1175.

By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from the excise tax on motor fuel certain sales of dyed fuel oils with respect to agricultural field use vehicles; to provide for annual licensing and fees for agricultural field use vehicles; to exempt fertilizer application equipment and crop protection chemical appli cation equipment from such annual licensing and fees.

HB 1211.

By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th:
A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Anno tated, relating to dealers in agricultural products, so as to change the provi sions relating to breach of the conditions of the bond of a dealer in agricultural products and the provisions relating to breach of the conditions of the bond of a grain dealer.

HB 1219.

By Representatives Royal of the 164th, McKinney of the 51st, Jones of the 71st and Teper of the 61st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to authorize the investment of certain reserve funds in additional investments.

HB 1295.

By Representative Jamieson of the 22nd:
A bill to amend Code Section 2-6-32 of the Official Code of Georgia Anno tated, relating to duties of soil and water conservation district supervisors, so as to change certain provisions regarding surety bonds; to provide for a sum mary of certain financial data.

HB 1301.

By Representative Jamieson of the 22nd:
A bill to amend Code Section 2-6-33 of the Official Code of Georgia Anno tated, relating to powers of soil and water conservation districts and supervi sors, so as to change certain provisions regarding certain soil conservation, erosion control, or erosion prevention projects.

HB 1351.

By Representative Lane of the 146th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and mini mum and maximum size limits for certain finfish species and species groups, so as to change certain possession, creel, and size limits for certain species.

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

SR 331. By Senator Clay of the 37th:
A resolution proposing an amendment to the Constitution of Georgia so as to provide that the General Assembly may provide for additional penalties or fees and allocate their use to the construction, operation, and staffing of municipal jails; to provide for the submission of this amendment for ratifica tion or rejection.

FRIDAY, FEBRUARY 27, 1998

1221

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

HB 1263. By Representative Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regula tion Act," so as to change certain time periods within which real estate appraisers are required to take certain actions.

HB 1387.

By Representative Randall of the 127th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Anno tated, relating to administrative hearings and appeals under the "Georgia Medical Assistance Act of 1977," so as to change the provisions relating to request for hearings by providers of medical assistance.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 1209.

By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to the detention or embargo of adulterated or misbranded food.

The Senate recedes from its amendment to the following bill of the House:

HB 1424.

By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for income tax pur poses, so as to increase the amount of retirement income exclusion.

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

SB 71. By Senators Burton of the 5th, Oliver of the 42nd and Ralston of the 51st:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to the determination of child custody, so as to provide for con sideration of evidence regarding emotional, physical, or psychological abuse; to authorize orders that visitation take place only under supervision; to pro vide for lifting such restriction upon visitation.
Referred to the Committee on Judiciary.
SB 543. By Senators Hill of the 4th, Thomas of the 10th, Marable of the 52nd and others:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to provide for the trans fer of certification and recertification responsibilities for paramedics and cardiac technicians to the Department of Human Resources from the Com posite Board of Medical Examiners; to provide for definitions.
Referred to the Committee on Health & Ecology.

1222

JOURNAL OF THE HOUSE,

SB 575. By Senators Madden of the 47th, Streat of the 19th, Gillis of the 20th 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 provide for uniform reimbursement for hospital inpatient services; to provide for an effective date.
Referred to the Committee on Appropriations.

SB 599. By Senators Langford of the 29th and Marable of the 52nd:
A bill to amend Chapter 33 of Title 31 of the Official Code of Georgia Anno tated, relating to health records, so as to require governmental entities to furnish certain evaluations or reports regarding their employees to those employees or health care providers designated by such employees; to provide for immunity from liability.
Referred to the Committee on Judiciary.

SR 331. By Senator Clay of the 37th:
A resolution proposing an amendment to the Constitution of Georgia so as to provide that the General Assembly may provide for additional penalties or fees and allocate their use to the construction, operation, and staffing of municipal jails; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to the Committee on Rules.

Representative Lakly of the 105th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the Senate:

SB 537. By Senators Henson of the 55th and Johnson of the 1st:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to allow for Sunday alcoholic beverage sales at motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons in certain counties; to provide for other related matters; to provide an effective date.
On the motion, the roll call was ordered and the vote was as follows:

Alien
Andenon NAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnes
Bates NBenefield N Birdsong YBohannon Y Bordeaux N Bradford NBreedlove Y Bridges N Brooks E Brown
Buck N Buckner

Y Burnt
N Buikhalter NByrd Y Campbell N Canty YCash N ChanneU N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell N Cooper N Crawford Y Crews N Culbreth N Cummings MDavis, G Y Davis, M

Day
DeLoach, B N DeLoach, G
Diz N Dixon N Dobbs N Dukes Y Ehrhart N Epps Y Evans Y Everett
Felton N Floyd Y Franklin
Golden N Graves N Greene
Grindley Y Hammontree N Manner

N Harbin
N Heard N Hecht
Heckstal) N Hegatrom
Henson Y Holland N Holmes Y Houston N Howard Y Hudgens
Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson
James N Jamieson Y Jenkins
Johnson

Y Johnston
Jones Joyce Y Kaye Y Ladd Y Lakly N Lane N Lee Y Lewis N Lord Lucas N Maddox Y Mann N Manning N Martin, J Martin, J.L Y Maswy N McBee McCall N McClinton

FRIDAY, FEBRUARY 27,1998

1223

NMcKinney Y Mills NMobley YMostay YMueller YO'Nel NOrrock NParham NParruh N Parsons NPelote
Perry YPinholster YPoag NPolak Y Ponder

N Porter NPowell N Purcell NRaga. N Randall NRay
Reaves N Reichert YRice Y Richardson N Roberta N Rogers N Royal Y Sanders NSauder
Scarlett

Scheid Y Scott N Shanahan N Shaw
SherrUl N Shipp Y Sims N Sinkfield Y Skipper
Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P
Smith, T Y Smith, V

On the motion, the ayes were 59, nays 87. The motion was lost.

Smyre Y Snelling N Snow N Stalling! N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor
Teague NTeper N Thomas
Tillman Y Titus N Tolbert

Y Trense NTuraquest
Twiggs N Walker, L Y Walker, R.L N Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, B Y Williams, J N Williams, R YWorthan Y Yates
Murphy, Spier

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 1731.

By Representatives Ehrhart of the 36th, Wiles of the 34th, Sauder of the 29th, Grindley of the 35th, Franklin of the 39th 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 roll call was ordered and the vote was as follows:

Alien Andenon YAshe Y Bailey Y Bannister Barfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Buck YBuckner Bunn YBurkhaltor YByrd Y Campbell Y Canty Cash Y Channel! Y Guilders Y Clark YCoan YColeman, B Coleman, T

Council Y Cooper YCrawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davit, M Y Day
DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dobbs Y Dukes Y Ehrhart Y Epps Y Evans YEverett
Felton YFloyd Y Franklin E 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 Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson Y James YJamieson YJenkins
Johuon Y Johnston Y Jones
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 Y McClinton Y McKinney Y Milk Y Mobley Y Mosley YMueller Y O'Neal Y Orrock Y Parham Y Fairish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Reichert YRice Y Richardson Y Roberta
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
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper

1224

JOURNAL OF THE HOUSE,

Y Thomas YTillman
Y Titus YTolbert

YTrense YTurnquest
YTwiggs
Y Walker, L

Y Walker, R.L YWatoon YWest Y Westmoreland

Whitaker Y Wiles
Williams, B Y Williams, J

Y Williams, R Worthan
YYates Murphy, Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1603. By Representative 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 with respect to the effective date of annexation.

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 Andenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridgei Y Brooks Y Brown
Buck YBuckner
Bunn YBurkhalter YByrd Y Campbell Y Canty YCash Y Channel! Y Guilders Y Clark YCoan YColeman, B YColeman, T
Cornell Y Cooper
Crawford Y Crews

YCulbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDiion YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett
Felton YFloyd Y Franklin
B Golden Y Graves YGreene YGrindley Y Hammontree Y Banner Y Harbin Y Heard YHecht
HeckstaU Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston
Jones Joyce YKaye YLadd YLakly YLane YLee Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall YMcClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay
Reaves
YReichert
YRice
Y Richardson Roberts
Y Rogers Y Royal Y Sanders YSauder Y Scarlett YScheid Y Scott YShanahan
Shaw YSherrUl YShipp 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 YSmyre YSnelling YSnow YStallings YStancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTillman Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland
Whitaker
Y Wiles Williams, B
Y Williams, J Y Williams, R
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 passed.

Representative Lewis of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1621.

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 impositions, 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.

FRIDAY, FEBRUARY 27, 1998

1225

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 Andenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnea
Bate* YBenefield YBirdaong Y Bohjuuion Y Bordeaux
Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
Bunn Y Burkhalter YByrd
Y Campbell Y Canty YCaah YChannell YChUdere Y Clark YCoan YColeman, B YColeman, T YConneU Y Cooper
Cr&wiora Y Crews

Y Culbreth Y CummingB YDavi8, G YDavis, M YDay YDeLoach, B YDeLoach, G YDix YDizon YDobbs Y Dukes
Ehrbart
YEpps Y Evans YEverett
Felton Floyd Y Franklin E Golden Y Graves YGreene YGrindley Hammontree Y Manner Y Harbin Y Heard YHecht Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson
Y James Y Jamieson Y Jenkins
Johnson
Y Johnston Jones Joyce
YKaye YLadd YLakly YLane YLee Y Lewis
YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L
YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller Y O'Neal YOrrock YParham

YParrish Y Parsons YPelote
Perry Y Pinholster
YPoag YPolak
Ponder Y Porter YPowell YPurcell
YRagas Randall
YRay Reaves
Y Reichert
YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders YSauder Y Scarlett YScheid YScott Y Shanaban 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 YSnelling YSnow Y Stalling* Y Stand!, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTillman Y Titus YTolbert YTrense Y Turaquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker
Y Wiles Williams, B
Y Williams, J
Y Williams, R Y Wortban
YYates Murphy, Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1522. By Representatives Martin of the 47th, Alien of the 117th 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 intangible recording tax, so as to provide that, in all counties, the person responsible for the collection of the intangible recording tax and the performance of the other related duties shall be the clerk of the superior court.

The following substitute, offered by Representative Martin of the 47th, 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 intangible recording tax, so as to provide that the person responsible for the collection of the intangible recording tax and the performance of the other related duties shall be the clerk of the superior court; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

1226

JOURNAL OF THE HOUSE,

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 intangible recording tax, is amended by striking in its entirety paragraph (1) of Code Sec tion 48-6-60, relating to definitions relative to the intangible recording tax, and inserting in lieu thereof the following:
"(1) 'Collecting officer' means the ta* collector er tea commissioner ef the eetmty; provided, however, that is each county f this state having -a population -ef-60^60 or more according to the United States decennial eeftstts of 4990 or any ftrttrre seh cen sus; collecting offieef means the clerk of the superior court of the county] provided, however, that in each county of this state having a population of 50,000 or less accord ing to the United States decennial census of 1990 or any future such census, at the discretion of the clerk of the superior court of the county, 'collecting officer* may mean the tax collector or tax commissioner of the county."
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 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 YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnee Y Bates Y Benefield
Birdsong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Buck Y Buckner YBunn YBurkhalter YByrd Y Campbell
Y Canty YCash Y Channel! Y Childers Y Clark YCoan YColeman, B
Coleman, T
YConnell Y Cooper Y Crawford Y Crews

Y Culbreth
Y Cutnmingg
Y Davis, G Y Davis, M YDay
DeLoach, B
YDeLoach, G YDii YDizon YDobbs Y Dukes
Ehrhart YEpps Y Evans YEverett
Felton YFloyd
Y Franklin E Golden Y Graves YGnene
YGrindley Y Hammontree YHanner Y Harbin Y Heard YHecht
Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson Y Jenkins
Johnson
Y Johmton 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
McCall McClinton
McKinney YMills Y Mobley
Mosley MueUer YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak
Ponder Y Porter Y Powell YPurcell YRagas
Randall YRay
Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett YScheid Y Scott Y Shanahan YShaw
Sherrul YSnipp 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 StancU, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor
Teague YTeper Y Thomas YTiUman Y Titus YTolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmorland Y Whitaker Y Wiles
Williams, B Y Williams, J
Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

FRIDAY, FEBRUARY 27, 1998

1227

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 Anno tated, 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.

The following Committee substitute was read:

A BILL
To amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to change the method for determining minimum compensa tion for full-time 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 com pensation shall be from county funds; to authorize counties to supplement the minimum compensation of such judges; to provide that the increase in compensation shall be phased in over a period of time; to prohibit compensation from fees; to provide that the General Assembly may fix compensation of such judges by local law which is not in conflict with the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, is amended by striking in its entirety Code Section 15-7-22, relating to com pensation of judges, which reads as follows:
"15-7-22.
Judges of the state courts shall be compensated from county funds as provided by local law. The county governing authority is authorized to supplement the compensation thus fixed to be paid to the judges of the state court of that county.", and inserting in lieu thereof the following:
"15-7-22.
(a) The minimum compensation to be paid to a full-time chief judge of any state court of this state, and any other full-time judge designated as chief judge subsequent to Jan uary 1, 1999, shall be an annual salary equal to the sum of 90 percent of the annual salary base of the judges of the superior courts of this state plus 90 percent of the annual amount of any supplement paid by the governing authority of the county to the chief judge of the superior court of said county wherein such state court judge is geo graphically located. All other full-time judges of any state court of this state, and any other full-time judge added to a state court subsequent to January 1, 1999, shall be paid a minimum annual salary equal to the sum of 90 percent of the annual base salary of a judge of the superior courts of this state plus 90 percent of the annual amount of any supplement paid by the governing authority of the county to the judges of the superior court of said county where such state court judge is geographically located; provided, however, all full-time judges of any state court of this state who serve in a second divi sion of a state court which primarily exercises jurisdiction only over traffic offenses shall be paid a minimum annual salary equal to the sum of 74 percent of the annual salary of the judges of the superior courts of this state plus 74 percent of the annual amount of any supplement paid by the governing authority of the county to the judges of the superior court of said county where such state court is geographically located. For each full-time judge of a state court who shall receive an increase in compensation as pro vided in this subsection, the county governing authority shall calculate in dollars and

1228

JOURNAL OF THE HOUSE,

cents the increase in compensation resulting from the minimum salary provisions of this Code section. One-half of such compensation increase shall become effective on January 1,1999; and the remaining one-half of such compensation increase shall become effective on January 1, 2000; provided, however, any such compensation calculation shall be adjusted to apply to any increase in the annual salary base of the judges of the superior courts of this state, or increase in supplement paid by the county governing authority of the county to the judges of the superior court of said county where any such state court judge is geographically located, on the same date as any such increase in annual salary base, or supplement, becomes effective. (b) Part-time judges of the state courts shall be compensated as provided by local law. (c) Judges of the state courts, whether full-time or part-time, shall be compensated from county funds. The county governing authority is authorized to supplement the minimum compensation provided for in subsection (a) of this Code section to be paid to the judges of the county wherein any such state court judge is geographically located. (d) State court judges, whether full-time or part-time, shall be compensated on a salary basis and not in whole or hi part from fees; and the salaries and supplements of all state court judges shall be paid in equal monthly installments from county funds. (e) The General Assembly may by local law fix the compensation of any or all of a county's state court judges which is not in conflict with the provisions of this Code sec tion."
SECTION 2. This Act shall become effective on January 1,1999.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Ehrhart of the 36th and Wiles of the 34th move to amend the Committee substitute to HB 292 by striking lines 11 through 13 of page 1 and inserting in lieu thereof the following:
"from fees; to provide that this Act is not applicable to counties with a population of 400,000 or more; to provide an".
By striking lines 11 through 14 of page 3 and inserting in lieu thereof the following:
"(e) This Code section shall not apply to counties with a population of 400,000 or more according to the 1990 decennial census or any future such census.'"

Representatives Martin of the 47th, Ragas of the 64th, Alien of the 117th and Teper of the 61st move to amend the Committee substitute to HB 292 by striking the quotation mark on line 14 of page 3 and inserting between lines 14 and 15 of page 3 the following:
"(f) Any other provision of this Code section to the contrary, nothing in this Code sec tion shall operate to reduce the salary in effect for any state court judge immediately prior to January 1, 1999. If any other provision of this Code section would otherwise operate to effect such a reduction in compensation, such judge and such judge's succes sors in office shall continue to receive the salary in effect immediately prior to January 1, 1999, until such time as the other provisions of this Code section otherwise result in an increase in such salary.'"

Representative Martin of the 47th moves to amend the Committee substitute to HB 292 by striking line 30 of page 1 and inserting in lieu thereof the following:
"(a)(l) Except as provided in paragraph (2) of this subsection, the minimum compen sation to be paid to a full-time".

FRIDAY, FEBRUARY 27, 1998

1229

By adding between lines 41 and 42 of page 2 the following:
"(2) Paragraph (1) of this subsection shall not apply to or have any effect with respect to any judge of state court of a county if:
(A) On January 1, 1999, the state court of such county has only one judge; and
(B) The application of paragraph (1) of this subsection would, but for this para graph, have the effect of increasing the compensation of such judge by 50 percent or more above the level of compensation in effect for such judge immediately prior to January 1, 1999. For purposes of calculating whether such 50 percent threshold would be exceeded, there shall be included any and all increases provided for in par agraph (1) of this subsection, including any increases which would take effect on January 1, 2000.
Where under the foregoing provisions of this paragraph, paragraph (1) of this subsec tion is made inapplicable with respect to any judge of state court, such judge shall continue to be compensated from county funds as provided by local law."

The Committee substitute, as amended, was adopted.

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

N Alien Andersen
NAshe Y Bailey Y Bannister NBarfoot N Barnard YBames N Bates Y Benefield YBirdsong N Bohannon N Bordeaux Y Bradford NBreedlove N Bridges Y Brooks N Brown
Buck YBuclmer NBunn N Burkbalter NByrd Y Campbell Y Canty NCash Y Channel!
N Childers N Clark YCoan Y Coleman, B
Coleman, T N Cornell
N Cooper Y Crawford N Crews

N Culbreth N Cummings
Davis, G DavU, M NDay NDeLoach.B N DeLoach, G YDii YDfcon NDobbs Y Dukes Ehrhart YBpps N Evans Y Everett N Felton N Floyd N Franklin E Golden N Graves NGreene N Grindley N Hammontree N Manner N Harbin Y Heard Hecht HeckstaU YHegstrom YHenson Y Holland Y Holmes N Houston N Howard N Hudgens Hudson, H

N Hudson, N Y Hugley NIrvin
Jackson Y James Y Jamieson N Jenkins
Johnson N Johnston Y Jones
Joyce NKaye NLadd NLakly NLane NLee N Lewis NLord
Lucas Y Maddoi NMann N Manning Y Martin, J N Martin, J.L NMassey YMcBee
McCall Y McClinton Y McKinney N Mills Y Mobley N Mosley N Mueller YO'Neal YOrrock YParham

N Parrish N Parsons Y Pelote
Perry N Pinholster
YPoag YPolak
N Ponder Y Porter N Powell N PurceU
YRagas YRandall NRay
Reaves Y Reichert NRice N Richardson Y Roberts N Rogers N Royal N Sanders
Sauder Y Scarlett N Scheid N Scott N Shanahan NShaw YSherrill NShipp
Sims
Y Sinkfield Y Skipper N Smith, C N Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T N Smith, V YSmyre N Snelling YSnow YStallings Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P N Stephens Y Taylor
Teague YTeper
Y Thomas Y Tillman N Titus Y Tolbert NTrense
Turnquest NTwiggs Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Whitaker N Wiles
Williams, B N Williams, J
Williams, R N Worthan N Yates
Murphy, Spto

On the passage of the Bill, by substitute, as amended, the ayes were 62, nays 93. The Bill, having failed to receive the requisite constitutional majority, was lost.

1230

JOURNAL OF THE HOUSE,

HB 1094.

By Representatives Baker of the 70th, Ashe of the 46th and Teper of the 61st:
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 acquisi tions, dispositions, and awarding of contracts.

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

Y Alien Y Anderson
YAshe Y Bailey
Y Bannister YBartoot Y Barnard Y Barnes
Bates Y Benefield YBirdsong YBohannon Y Bordeaux
Bradford YBnedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
NBunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilders Y Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDi* YDizon YDobbs Y Dukes
Ehrbart YEpps Y Evans Y Everett YFelton
YFloyd Y Franklin E Golden
Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard
Hecht HeckstaU YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Hudson, H

Y Hudson, N
Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton Y McKinney Y Mills Y Mobley Y Mosley Y Mueller YO-Neal YOrrock YParham

Y Parrish
Y Parsons YPelote
Perry Y Pinholster
YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandaJl YRay
Reaves Y Eeichert YRice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett Y Scheid Y Scott Y Shanahan YShaw YSherriU 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 YSnelling YSnow YStallings
Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L
Walker, R.L Y Watson YWest Y Westmoreland
Whitaker Y Wiles
Williams, B
Y Williams, J Williams, R
YWorthan Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1642.

By Representative Barnes of the 33rd:
A bill to amend Code Section 15-1-9.2 of the Official Code of Georgia Anno tated, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge.

The following amendments were read and adopted:

Representatives Walker of the 141st, Barnes of the 33rd and Holland of the 157th move to amend HB 1642 as follows:
By adding after the word "Georgia" on line 16 the words "or Judge of the Court of Appeals" and by adding after the word "judge." on line 19 the following:

FRIDAY, FEBRUARY 27, 1998

1231

"Said combination must include at least 5 years service as a Justice on the Supreme Court, or Judge on the Court of Appeals, or Judge of the Superior Court, or at least 5 years as total served on one, two, or three of these courts."

Representative Mobley of the 69th moves to amend HB 1642 as follows: Page 1 - line 16 following "state court judge," add:
"magistrate court judge,".

The following amendment was read:

Representatives Barnes of the 33rd and Ehrhart of the 36th move to amend HB 1642 as follows:
By adding a new Section 2 on line 26 p 1 to read as follows
Code Section 15-1-9.1 is amended to by adding a new section to read as follows:
"(D) In any county of this state having a population of 350,000 or more according to the 1990 decennial census of 1990 or any future census, the State or Superior Courts of said county may designate as assisting judges any of the judicial officers set forth in subsection (b)(2) to hear matters exclusively in the jurisdiction of the respective State or Superior Courts of said county indefinitely without regard to time or case type and without regard to State or Superior Court rules."
And by renumbering Section 2 Section 3 and by adding new Section 4 to read as follows:
"This Act shall be effective upon the signature of the Governor or its becoming law without his signature."

The following amendment was read:

Representative Holland of the 157th moves to amend the Barnes amendment to HB 1642 as follows:
Delete:
"having a population of 350,000 or more according to the 1990 decennial census of 1990 or any future census,".

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

Y Alien Y Andenon YAshe Y Bailey N Bannister YBarfoot N Barnard Y Barnes
Bates YBenefield MBirdsong N Bohannon N Bordeaux Y Bradford NBreedlove Y Bridges Y Brooks N Brown
Buck

Y Buckner N Bunn NBurkhalter Y Byrd N Campbell Y Canty N Cash Y Channell NChilders N Clark N Coan N Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford N Crews N Culbreth Y Cummings

Y Davis, G N Davis, M N Day Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dobbs Y Dukes
Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin E Golden
Graves N Greene

Y Grindley Y Hammontree Y Manner Y Harbin Y Heard Y Hecht
Heckstall YHegstrom Y Henson Y Holland Y Holmes N Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N YHugley N Irvin
Jackson

Y James Y Jamieson YJenkins
Johnson YJohnston Y Jones
Joyce N Kaye N Ladd N Lakly Y Lane Y Lee N Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J

1232

JOURNAL OF THE HOUSE,

Y Martin, J.L
NMassey Y McBee
McCall Y McClinton N McKinney N Mills
Y Mobley Mosley
N Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry

Y Pinholster YPoag YPolak N Ponder Y Porter YPoweU YPurceU YRagas YRandaU YRay
Reaves Y Reichert NRice N Richardson Y Roberts N Rogers Y Royal

N Sanders Y Sauder NScailett YScheid Y Scott Y Sbanahan
Shaw YSherriU YShipp YSinu
Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith,?

Y Smith, T N Smith, V
Smyre NSneUing YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas YTillman N Titus

YTolbert NTrense
Turnquest YTwiggs Y Walker, L
N Walker, R.L Y Watson YWest N Westmorland N Whitaker
Y Wiles Williams, B
Y Williams, J Y Williams, R NWorthan NYaten
Murphy, Spkr

On the adoption of the amendment, the ayes were 107, nays 52. The amendment was adopted.

The following amendment was read and adopted:

Representatives Holland of the 157th and Walker of the 141st move to amend the Barnes amendment to HB 1642 as follows:
Add at the end of the Barnes amendment:
; provided however that the provisions of the paragraph shall apply in the case of magis trate judges only in counties of 350,000 or more in population according to the 1990 decennial census or any future decennial census.

The following amendment was read:

Representative Ladd of the 59th moves to amend the Barnes/Ehrhart amendment to HB 1642 as follows:
Page 1 line 5 delete the word "to" in the sentence that reads
"amended to by adding".

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

N Alien N Anderson N Ashe N Bailey Y Bannister NBarfoot N Barnard N Barnes N Bates Y Benefield NBirdsong Y Bohannon Y Bordeaux Y Bradford N Breedlove Y Bridges N Brooks Y Brown
Buck Y Buckner Y Bunn N Burkhalter

NByrd Y Campbell N Canty YCash NChannell NChilders Y Clark YCoan N Coleman, B N Coleman, T NConnell
Y Cooper N Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G YDix

NDixon
NDobbs N Dukes
Ehrhart NEpps Y Evans Y Everett Y Pelton NFloyd Y Franklin E Golden Y Graves N Greene Y Grindley Y Hammontree N Manner N Harbin N Heard NHecht NHeckstall N Hegstrom NHenson

N Holland N Holmes
N Houston N Howard Y Hudgens N Hudson, H N Hudson, N NHugley Ylrvin
Jackson N James N Jamieaon N Jenkins
Johnson Y Johnston
N Jones Joyce
YKaye
YLadd NLakly YLane NLee

Y Lewis Lord Lucas
NMaddoi
YMann Y Manning N Martin, J Y Martin, J.L YMassey N McBee
McCall N McClinton N McKinney Y Mills N Mobley
NMosley Mueller
NO'Neal NOrrock NParham NParrish Y Parsons

NPelote
Perry YPinhototer NPoag NPolak Y Ponder N Porter YPowell NPurcell
NRagas YRandall
NRay Reavw
YReichert

FRIDAY, FEBRUARY 27,1998

YRice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder YScarlett YScheid Y Scott N Shanahan
Shaw Sherrill NShipp

NSims 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
Smyre YSnelling NSnow
Stallings

N Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephens N Taylor
Teague NTeper N Thomas N Tillman Y Titus Y Tolbert NTrense NTurnquest

1233
MTwiggs N Walker, L Y Walker, R.L N Watson NWest N Westmoreland NWhitaker Y Wiles
Williams, B Y Williams, J
Williams, R Y Worthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 63, nays 95. The amendment was lost.

The Barnes 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 roll call was ordered and the vote was as follows:

Y Alien Y Andenon YAshe YBaiky Y Bannister YBarfoot YBamard YBames
Bates Benefield YBirdwmg YBohannon N Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown Buck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Guilders Y Clark YCoan YColeman, B YColeman, T YConneU Y Cooper YCrawford Y Crews

Y Culbreth Y CununiiucB YDavis, G YDavis, M NDay YDeLoach, B NDeLoach, G YDix YDixon YDobbs
Dukes Ehrhart YEpps YEvans YEverett YFelton YFloyd Y Franklin E Golden Y Graves YGreene YGrindley YHammontree Y Manner Y Harbin Y Heard YHecbt YHeckstall YHegstrom YHenwn Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson YJenkins
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 YMaswy YMcBee
McCall Y McClinton N McKinney Y Mills Y Mobley YMoeley N Mueller YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote
Perry YPinbolster YPoag YPolak Y Ponder Y Porter YPowell YPureell YRagas YRandall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan
Shaw YSherrill 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 Smiling YSnow YStaUings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas YTUlman N Titus Y Tolbert YTrenw NTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 153, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1234

JOURNAL OF THE HOUSE,

HB 1220. By Representatives Trense of the 44th and Ashe of the 46th:
A bill to amend Code Section 20-2-212 of the Official Code of Georgia Anno tated, relating to salary schedules for personnel certificated by Professional Standards Commission, so as to delete certain provisions relating to the comparability of such salaries.

The following amendment was read and adopted:

The Committee on Education moves to amend HB 1220 by striking lines 2 through 5 of page 2 and inserting in its place the following:
"tcflchjnc The"
By striking "also" from line 7 of page 2.

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

Y Alien YAndenon YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBaraee
Bates Benefield YBirdsong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridget Y Brooks Y Brown Buck YBuckner YBunn Y BurkhalUr YByrd Y Campbell Canty YCaah YChannell YChilden Y Clark YCoan YColeman, B YColeman, T
YConneU Y Cooper Y Crawford Y Crews

Culbreth Y CununinffB
YDavis, G YDavis, M YDay YDeLoach, B YDeLoach, G YDii YDizon YDobbs Y Dukes
Ehrhart YEpps Y Evans
YEverett YFelton
Floyd Y Franklin E Golden Y Graves YGreene YGrindley YHanunontree YHanner Y Harbin Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston
Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin
Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord
YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall McClinton YMcKinney Y Mills Y Mobley Moeley YMueller YCTNeal YOrrock YParham

YParrish Y Parsons YPelote
Perry Y Pinholster
Poag YPolak Y Ponder Y Porter YPoweU YPurcell YRagas YRandall YRay
Reaves YReichert YRice
Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScarlett Y Scheid Y Scott Y Shanahan
Shaw YSherrUl 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 YSnelling YSnow Y Stalling* Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert Y Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker Y Wiles
Williams, B
Y Williams, J Williams, R
Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

FRIDAY, FEBRUARY 27, 1998

1235

HB 1327. By Representatives Smith of the 109th, Howard of the 118th, Bannister of the 77th and Martin of the 47th:
A bill to amend Code Section 24-3-18 of the Official Code of Georgia Anno tated, relating to the admissibility of medical reports, so as to provide that the provisions of said Code section shall not be applicable to workers' com pensation claims; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for criminal penalties for willful retention of income benefits to which an employee is not entitled.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for criminal penalties for fraudulent retention of income benefits to which an employee is not entitled; to provide that Code Section 24-3-18 shall not apply to workers' compensation claims filed under Chapter 9 of Title 34; to pro vide for admission of laboratory test results in an administrative hearing if accompanied by an affidavit from a laboratory; to provide for the method of determining temporary partial benefits; to delete the time limitation on when an employee may change physicians without authorization of the board; to deny the payment of compensation for death or dis ability caused by a subsequent nonwork related injury; to provide for the intent of the General Assembly to codify existing case law; to change provisions relating to the proce dure for payment of income benefits; to provide that payment of compensation for perma nent partial disability resulting from hernia surgery shall be made in accordance with Code Section 34-9-263; to provide for reimbursement to an insurer or self-insurer under certain conditions; to change provisions relating to the Self-insurers Guaranty Trust Fund; to pro vide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, is amended by striking Code Section 34-9-21, relating to the penalty for viola tion of a rule of the board, and inserting in lieu thereof a new Code Section 34-9-21 to read as follows:
"34-9-21.
be fined net tesa than $30^6 and net e*e than $200.00 fef each offcnse. Any employee who, with the intent to defraud, receives and retains any income benefits to which he or she is not entitled shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine not to exceed $1,000.00 or by imprisonment not to exceed one year, or bjg both such fine and imprisonment."
SECTION 2. Said chapter is further amended by adding at the end of subsection (e) of Code Section 34-9-102, relating to a hearing before an administrative law judge, new paragraphs (4) and (5) to read as follows:
"(4) A written laboratory test result report under Code Section 34-9-415 shall be admissible in evidence if accompanied by an affidavit from the laboratory confirming authenticity. (5) Code Section 24-3-18 shall not apply to workers' compensation claims filed under Chapter 9 of this title."

1236

JOURNAL OF THE HOUSE,

SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 34-9-104, relat ing to the modification of an award or order contained in a prior decision in the event of a change in condition, and inserting in lieu thereof a new subsection (a) to read as fol lows:
"(a)'Change in condition' defined; benefits. (1) As used in this Code section, the term 'change in condition' means a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered by this chapter, which change must have occurred after the date on which the wage-earning capacity, physical condi tion, or status of the employee or other beneficiary was last established by award or otherwise. (2) When an injury is not catastrophic, as defined in subsection (g) of Code Section 34-9-200.1, and the employee is not working, the board shall determine that a change in condition for the better has occurred and the employee shall be entitled to the pay ment of benefits for partial disability in accordance with Code Section 34-9-262 if it is determined that the employee has been capable of performing work with limitations or restrictions for 52 consecutive weeks. Within 60 days of the employee's release to return to work with restrictions or limitations, the employee shall receive notice from the employer on a form provided by the board that will inform the employee that he or she has been released to work with limitations or restrictions, will include an expla nation of the limitations or restrictions, and will inform the employee of the general terms of this Code section. In no event shall an employee be eligible for more than 78 aggregate weeks of benefits for total disability while such employee is capable of performing work with limitations or restrictions. No provision of this paragraph shall be interpreted to prevent a change in condition from occurring pursuant to paragraph (1) of this subsection or to prevent an employee from becoming eligible for benefits for total disability should such employee subsequently become totally disabled after exhausting 52 consecutive weeks or 78 aggregate weeks of such benefits while capable of performing work with limitations or restrictions. Whenever an employer seeks to convert an employee from benefits for total disability to benefits for partial disability as provided in this paragraph, such employer may convert the benefits unilaterally by filing a form indicating the reason for the conversion as prescribed by rule of the board. (3) For the purposes of calculating temporary partial benefits as contemplated by this Code section, benefits shall be paid as follows:
(A) When an employee is receiving the maximum benefits allowed under Code Sec tion 34-9-261. the employer shall cause to be paid the employee an amount equal to the maximum benefit allowed under Code Section 34-9-262; or (B) When an employee is receiving less than the maximum allowed by Code Section 34-9-261. the employer shall continue to pay the employee the same benefits as pro vided by Code Section 34-9-261 not to exceed the maximum benefit provided by Code Section 34-9-262."
SECTION 4. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Sec tion 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The employer may maintain a list of physicians in conformity with the guidelines and criteria established and contained in the Rules and Regulations of the State Board of Workers' Compensation. This list shall be known as the 'Conformed Panel of Physicians.' An employee may obtain the services of any physician from the con formed panel and may thereafter also elect to change to another physician on the panel without prior authorization within 60 days ef- the date ef first treatment for the injwy of the board. The physician so selected will then become the primary autho rized treating physician in control of the employee's medical care and may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization by the board; pro vided, however, that any of the physicians to whom the employee is referred by the

FRIDAY, FEBRUARY 27, 1998

1237

primary authorized treating physician shall not be permitted to arrange for any addi tional referrals; or"
SECTION 5. Said chapter is further amended by striking Code Section 34-9-204, relating to the pay ment of compensation for death or disability resulting from an employee's refusal to sub mit to or neglect to follow surgical treatment, and inserting in lieu thereof a new Code Section 34-9-204 to read as follows:
"34-9-204.
(a) No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a unreasonable refusal to submit to surgery er a neglect to feUew any reasonable surgical treatment fey ft competent surgeon a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability. (b) It is the intent of the General Assembly that this Code section codify existing case law."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 34-9-221, relat ing to the procedure for payment of income benefits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made in cash or negotiable instrument drawn on a Georgia depository, except where an appli cation for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 e* subaectien {b} of Gede Section 84-0-127."
SECTION 7. Said chapter is further amended by striking subsection (b) of Code Section 34-9-243, relat ing to the effect of payments made when not due, and inserting in lieu thereof a new sub section (b) to read as follows:
"(b) Except as otherwise provided in this Code section or in a collective bargaining agreement, the employer's obligation to pay or cause to be paid weekly benefits under Code Section 34-9-261 or 34-9-262 shall be reduced by the employer funded portion of payments received or being received by the employee pursuant to a disability plan, a wage continuation plan, or from a disability insurance policy established or maintained by the same employer from whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee employer did contribute directly to such a plan or policy. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to such plan or policy."
SECTION 8. Said chapter is further amended by striking subsection (f) of Code Section 34-9-265, relat ing to compensation for death resulting from causes other than injury, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay to the State Board of Workers' Compensation one-half of the benefits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less. All such funds paid to the board shall be deposited in the general fund of the state treasury. If; after such payment has been made, it is determined that a dependent or dependents qualified to receive benefits exist, then the insurer or self-insurer shall be entitled to reimbursement by refund for moneys collected in error."

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SECTION 9. Said chapter is further amended by striking Code Section 34-9-266, relating to the pay ment of compensation for time loss, disability, or death resulting from hernia, and insert ing in lieu thereof a new Code Section 34-9-266 to read as follows:
"34-9-266.
In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employment it must be definitely proved to the satisfaction of the board (1) that there was an injury resulting in hernia, (2) the hernia appeared suddenly, (3) the hernia was accompanied by pain, (4) the hernia immediately followed an accident, and (5) the hernia did not exist prior to the accident for which compensation is claimed. All inguinal, femoral, or other hernias which are proven to be the result of an injury by accident arising out of and in the course of employment shall be treated in a surgical manner by radical operation. If death results from such opera tion, the death shall be considered as a result of the injury and compensation shall be paid in accordance with Code Section 34-9-265. In nonfatal cases, time loss only shall be paid unless it is shown by special examination, as provided in Code Section 34-9-202, that the injured employee has a permanent partial disability resulting from the opera tion. If so, compensation shall be paid in accordance with Code Section 34 0 362 34-9-263. In the event the injured employee refuses to undergo the radical operation for the cure of the hernia, no compensation shall be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease or is oth erwise in such physical condition that the board considers it unsafe for the employee to undergo such operation, the employee shall be paid as provided in Code Section 34-9-262."
SECTION 10. Said chapter is further amended by striking Code Section 34-9-385, relating to the bank ruptcy of participants in the Self-insurers Guaranty Trust Fund, and inserting in lieu thereof a new Code Section 34-9-385 to read as follows:
"34-9-385.
(a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. (b) Any person who files an application for adjustment of a claim against a participant who has filed for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings have been filed or for whom a receiver has been appointed must file a writ ten notice of such fact with the board and the board of trustees within 30 days of such person's knowledge of the event. (c) Upon receipt of any notice as provided in subsection (a) or (b) of this Code section, the board shall determine whether the participant is insolvent according to procedures established by the board of trustees and approved by the board. Such determination shall be made within a reasonable time after the date the board and board of trustees receive notification as provided in subsection (a) or (b) or this Code section. (d) When a participant is determined to be an insolvent self-insurer, the board of trust ees is empowered to and shall assume on behalf of the participant its outstanding work ers' compensation obligations excluding penalties, fines, and claimant's attorneys' fees assessed pursuant to subsection (b) of Code Section 34-9-108 and shall take all steps necessary to collect, recover, and enforce all outstanding securities, indemnity, insurance, or bonds furnished by such participant guaranteeing the payment of compensation pro vided in this chapter for the purpose of paying outstanding obligations of the partici pant. The board shall convert and deposit into the fund such securities and any amounts received under agreements of surety, guaranty, insurance, or otherwise on behalf of the participant. Any amounts remaining from such securities, indemnity, insur ance, bonds, guaranties, and sureties, following payment of all compensation costs and related administrative fees of the board of trustees including attorneys' fees, and follow ing exhaustion of all amounts assessed and received pursuant to subsections (a) and (b)

FRIDAY, FEBRUARY 27, 1998

1239

of Code Section 34-9-121 and any applicable rule of the board may be refunded by the fund aa directed by the board of trustees, subject to the approval of the board, to the appropriate party one year from the date of final payment, provided no outstanding lia bilities remain against the fund. (e) The board of trustees shall be a party in interest in all proceedings involving work ers' compensation claims against a participant whose workers' compensation obligations have been paid or assumed by the board of trustees and shall be subrogated to the rights of the participant. In such proceedings the board of trustees shall assume and may exercise all rights and defenses of the participant, including, but not limited to:
(1) The right to appear, defend, and appeal claims; (2) The right to receive notice of, investigate, adjust, compromise, settle, and pay claims; and (3) The right to investigate, handle, and controvert claims. (f) In any proceeding in bankruptcy in which the payment of benefits has been stayed, the board of trustees, through a designated representative, shall appear and move to lift the stay so that the orderly administration of claims can proceed. (g) The board of trustees shall notify all employees who have pending claims against a participant for workers' compensation benefits which are subject to the provisions of this article of the name, address, and telephone number of the party administering and defending their claim. (h) The board may, in its discretion, direct that the Self-insurers Guaranty Trust Fund honor and pay, in whole or in part, the contractual fee arrangement between an attorney and a claimant pursuant to subsection (a) of Code Section 34-9-108. provided that appli cation to honor the fee arrangement is made after notice pursuant to subsection (g) of this Code section and subject to consideration of objections by any party. (i) No provision of this Code section shall impair any claims in the insolvent selfinsurer's bankruptcy by any provider of services related to the insolvent self-insurer's workers' compensation obligations, to the extent those chums remain unpaid, including but not limited to medical providers or attorneys representing either the insolvent selfinsurer or
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndenon YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell

Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews YCulbreth Y Cummings Y DaTM, G Y Davis, M YDay
DeLoach, B YDeLoacb, G YDix YDixon YDobbs Y Dukes
Ehrhart

YEpps Y Evans YEverett YFelton
Floyd Y Franklin E Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Y Hudson, N YHugley
Ylrvin Jackson
Y James YJamieson Y Jenkins
Johnson Y Johnston Y Jones
Joyce
YKaye YLadd YLakly
YLane YLee Y Lewis
YLord Y Lucas YMaddox YMann Y Manning Y Martin, J
Martin, J.L

YMassey YMcBee
McCall YMcClinton
McKinney YMills Y Mobley
Moeley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas

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YRandall
S"" Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal
Sanders YSauder YScarlett

YScheid Y Scott YShanahan
Shaw YSherrill 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 YSneUing YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P

Y Stephens Y Taylor YTeague YTeper Y Thomas Y TUlman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L

Y Walker, R.L Y Watson YWest
Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J
Williams, R YWorthan Y Yates
Murphy, Spki

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 1029.

By Representative Channell of the lllth:
A resolution honoring Mr. Donald Ridley and designating the bridge over Beaver Dam Creek on State Route 24 in Putnam County as the "Donald Ridley Bridge".

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

Y Alien YAnderson
YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBaraes
Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
Bunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilders 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 YDeLoach, B YDeLoach, G YDix YDixon YDobbs Y Dukes
Ehrhart YEpps Y Evans
EEverett YFelton
Floyd Y Franklin E Golden Y Graves
Greene Y Grindley YHammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones
Joyce YKaye YLadd
Lakly YLane YLee Y Lewis
YLord Y Lucas YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall Y McClinton
McKinney YMills Y Mobley
Mosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPureell YRagas Randall
Ray Reaves Y Reichert
YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett YScheid Y Scott Y Shanahan
Shaw YSherrill YShipp
Sims Sinkfield Y Skipper Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T
Smith, V YSmyre
Snelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland
Whi taker Y Wiles
Williams, B Y Williams, J
Williams, R YWorthan
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 27, 1998

1241

HB 1730.

By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th, Davis of the 60th, Crawford of the 129th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.

The following Committee substitute was read:

A BILL
To amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties; to provide for judicial review of such actions prior to then- filing; to provide for dismissal without filing under certain conditions; to pro vide for practice and procedure; to provide for appellate review; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and liti gation costs in civil actions, is amended by adding at its end a new Code Section 9-15-15 to read as follows:
"9-15-15.
(a) When any civil action is brought against a judicial officer, other than an action for quo warranto or mandamus, and such action arises out of the performance of the judi cial officer's official duties, the plaintiff shall be liable for all attorney's fees and expenses incurred in the defense of the action if the action is concluded in favor of the judicial officer, unless the court determines that the filing and prosecution of the action was justified by an objectively reasonable belief that there was a substantial likelihood of success in the action. For purposes of this Code section, judicial officers shall include Justices and Judges of the appellate courts of Georgia and judges of the superior, state, probate, juvenile, magistrate, and municipal courts. (b) The provisions of subsection (a) of this Code section shall apply both with respect to actions brought against a judicial officer in his or her official capacity and with respect to actions brought against a judicial officer in his or her individual capacity where the action arises out of the performance of the judicial officer's official duties. (c) Recovery may be had under subsection (a) of this Code section by the state or by a unit of local government with respect to attorney's fees and expenses incurred by the state or by the unit of local government. Where recovery by a governmental unit is so authorized, recovery shall be authorized for attorney's fees paid to outside counsel as well as for compensation paid to counsel employed by the governmental unit. Recovery may also be had under subsection (a) of this Code section with respect to attorney's fees and expenses personally incurred by a judicial officer. Recovery under subsection (a) of this Code section shall include any attorney's fees and expenses incurred in appellate proceedings arising out of an action subject to this Code section. (d) When a civil action against a judicial officer, other than an action for quo warranto or mandamus, which action arises out of the performance of the judicial officer's official duties is presented for filing, the clerk of court shall not file the matter but shall present the complaint or other initial pleading to a judge of the court other than the judge who is the defendant in the civil action. If no such judge exists then the chief judge of a judi cial circuit adjacent to the judicial circuit where the civil action is to be filed shall be presented with the initial pleading. The judge shall review the pleading and, if the judge

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determines that the pleading shows on its face such a complete absence of any justicia ble issue of law or fact that it cannot be reasonably believed that the court could grant any relief against any party named in the pleading, then the judge shall enter an order denying filing of the pleading. An order denying filing shall be appealable in the same manner as an order dismissing an action. (e) Attorney's fees and expenses under this Code section may be requested by motion at any time during the course of the action but not later than 45 days after the final disposition of the action. (f) An award of reasonable and necessary attorney's fees or expenses of litigation under this Code section shall be determined by the court without a jury and shall be made by an order of court which shall constitute and be enforceable as a money judgment."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Reichert of the 126th and Walker of the 141st move to amend the Com mittee substitute to HB 1730 as follows:
Delete p. 2, line 26 - delete the word "not"
P. 2, line 38, strike the words "denying filing of and insert the word "dismissing"
P. 2, line 39, strike the words "denying filing" and insert "dismissing the pleading".

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

Y Alien YAnderaon YAshe Y Bailey Y Bannister
Barfoot Y Barnard YBarnes
Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn YBurkhalter YByrd Y Campbell
Canty YCash Y Channell YChilders Y Clark YCoan YColeman, B YColeman,T

Y Cornell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings YDavis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dii Y Diion Y Dobbs Y Dukes
Khrhart Y Epps Y Evans EEverett
Felton Floyd Y Franklin E Golden Y Graves Greene YGrindley Y Hammontree Manner Y Harbin Y Heard Y Hecht Y Heckstall

Y Hegstrom Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson Y James Y Jamieson
Jenkina Johnson Y Johnston Y Jones 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 Martin, J.L

Y Massey Y McBee
McCall Y McClinton
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 Powell Y PurceU Y Ragas Randall Ray Reaves Y Reichert Y Rice Y Richardson 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 Y Smith, T
Smith, V Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor Y Teague Y Teper

FRIDAY, FEBRUARY 27, 1998

1243

Thomas Tillman Y Titus YTolbert

Y Trense Y Turnquest YTwiggs Y Walker, L

Y Walker, R.L Y Watson Y West Y Westmoreland

Y Whitakei Y Wiles
Williams, B Y Williams, J

Williams, R Y Worthan
Yates Murphy, Spin-

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1585.

By Representatives Ragas of the 64th, Martin of the 47th and Mobley of the 69th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Arti cle 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 court orders removing a child from home and family preservation and reunification efforts.

The following substitute, offered by Representatives Ragas of the 64th and Martin of the 47th, was read and adopted:

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 change provisions relating to court orders removing a child from home and family preservation and reunification efforts; to provide a description of circumstances when such efforts are not required; to provide for perma nency plans, hearings, and orders; to provide that the safety of the child is paramount; to provide for reporting steps to be taken to find an adoptive family, relative, or guardian; to change a provision relating to the time period that certain disposition orders are effec tive; to provide for notice and an opportunity to be heard for foster parents, preadoptive parents, and relatives; to provide for circumstances when the division shall seek termina tion of the parent's rights; to provide for exceptions; to provide for the contents of a per manency plan; to provide for procedural safeguards; 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 15 of the Official Code of Georgia Annotated, relating to juvenile pro ceedings and parental rights, is amended by striking in their entirety subsections (b), (d), (f), (g), (h), (i), (j), (k), (1), (m), (n), and (o) of Code Section 15-11-41, relating to orders of disposition, determination regarding reunification of family, and supplemental orders, and inserting in lieu thereof the following:
"(b) A court's order removing a child from the child's home shall be based upon a find ing by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from that child's home, and to make it possible for the child to return safely to the child's home. Such findings shall also be made at every subsequent review of the court's order under this chapter.
(1) In determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;

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(2) Except as provided in paragraph (4) of this subsection, reasonable efforts shall be made to preserve and reunify families:
(A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and (B) To make it possible for a child to return safely to the child's home; (3) If continuation of reasonable efforts of the type described in paragraph (2) of this subsection is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child: (4) Reasonable efforts of the type described in paragraph (2) of this subsection shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that: (A) The parent has subjected the child to aggravated circumstances which may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse; (B) The parent has:
(i) Committed murder of another child of the parent; (ii) Committed voluntary manslaughter of another child of the parent; (iii) Aided or abetted, attempted, conspired, or solicited to commit murder or vol untary manslaughter of another child of the parent; or (iv) Committed a felony assault that results in serious bodily injury to the child
or another child of the parent; or (C) The parental rights of the parent to a sibling have been terminated involuntar ily; (5) If reasonable efforts of the type described in paragraph (2) of this subsection are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with paragraph (4) of this subsection: (A) A permanency hearing shall be held for the child within 30 days after such
determination; and (B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; and (6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in paragraph (2) of this subsection." "(d) If the report contains a plan for reunification services, such plan if adopted by the court shall be hi effect until modification by the court. The plan shall address each rea son requiring removal and shall contain at least the following: (1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from
the home; (2) A discussion of how the plan is designed to achieve a placement in a safe setting that is the least restrictive, most family-like2 and most appropriate setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child;
(3) A clear description of the specific actions to be taken by the parents and the spe cific services to be provided by the Division of Family and Children Services of the Department of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be safely returned home; provided, however, that all services and actions required of the par ents which are not directly related to the circumstances necessitating separation can not be made conditions of the return of the child without further court review;
(4) Specific time frames in which the goals of the plan are to be accomplished to ful fill the purpose of the reunification plan;

FRIDAY, FEBRUARY 27, 1998

1245

(5) The person within the Division of Family and Children Services of the Depart ment of Human Resources or other agency which is directly responsible for ensuring that the plan is implemented; and (6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal visits, telephone calls, and letters." "(f) If the report submitted to the court does not contain a plan for reunification ser vices, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a permanency hearing to review the report and the determination that a plan for reunification services is not appropriate, (g) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report shall address each reason requiring removal and shall contain at least the following: (1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately and safely protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home; and (2) A clear statement describing all of the reasons supporting a finding that reason able efforts to reunify a child with the child's family will be detrimental to the child, and that reunification services therefore need not be provided, including specific find ings as to whether any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-81 or paragraph 4 of subsection (b) of this Code section. (h) At the permanency hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether and when it intends to proceed with termination of parental rights at that time. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced, (i) When reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the court shall determine by clear and convincing evidence whether reasonable efforts to reunify a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated. There shall be a presumption that reunification services should not be provided if the court finds by clear and convincing evidence that: (1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; (2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; or (3) Any of the grounds for terminating parental rights exist, as set forth in subsection
(b) of Code Section 15-11-817; or (4) Any of the circumstances set out in paragraph (4) of subsection (b) of this Code
section exist, making it unnecessary to provide reasonable efforts to reunify. (j) Whenever the permanency plan is adoption or placement in another permanent
home, the report submitted to the court shall document the steps to be taken by the
Division of Family and Children Services of the Department of Human Resources to find an adoptive family or other permanent living arrangement for the child; to place
the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement: and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruit
ment efforts such as the use of state, regional, and national adoption exchanges includ
ing electronic exchange systems.

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{j)k Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Ser vices of the Department of Human Resources shall continue in force for 12 months after the date ef original placement with the department the child is considered to have entered foster care or until sooner terminated by the court. All cases of children in fos ter care in the custody of the Division of Family and Children Services of the Depart ment of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Chil dren Services shall notify the court whether the such division intends to proceed with the termination of parental rights at that time. If the such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is con ducted by citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of the department such division, along with the deport mont's such division's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. Following such initial review, additional periodic reviews shall be held at six-month intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard.
{k)l If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all ele ments that the court finds essential in the proposed revised plan. The judge's supple mental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custo dian with or without court imposed conditions;
(2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or
(3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the depart ment to devise another plan within available resources. The new plan must be submit ted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties.
In the event that the citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such fail ure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the depart Beat Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has

FRIDAY, FEBRUARY 27, 1998

1247

been appointed when the citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced.
(m) In the event that a child has been in foster care under the responsibility of the Division of Family and Children Services of the Department of Human Resources for 15 of the most recent 22 months, or, if the court has determined a child to be an aban doned infant, as set forth in subsection (b) <rf Code Section 15-11-81. or has made a determination that the parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent, or committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the child's parents or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, con currently, to identify, recruit, process, and approve a qualified family for an adoption, unless, at the option of the Division of Family and Children Services of the Department of Human Resources, the child is being cared for by a relative: the case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of the child; or the Division of Family and Children Services of the Department of Human Resources has not provided to the family of the child, consistent with the specific time frames for the accomplishment of the case plan goals, such services deemed necessary for the safe return of the child to the child's home. fl}(n) The court which made the order may extend its duration for not more than 12 months if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hearing shall, after the making of appropriate findings of fact, determine the fotafe status ef- the ehiW including, bet e* limited te; whether the ehtM aheakl -be returned te the parent er parents, sfeettkl fee continued a fester care fet specified peried;
cumotuncca, fee continued in fester eare en a permanent <w long-torn feasis perma nency plan for the child. Such a permanency plan shall state whether and, if applicable, when the child shall be returned to the parent or referred for termination of parental rights and placed for adoption or referred for legal guardianship. In cases where the Division of Family and Children Services of the Department of Human Resources has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termina tion of parental rights, be placed for adoption, or be placed with a fit and willing rela tive or with a legal guardian, the permanency plan shall state that the child shall be placed in another planned permanent living arrangement, aad The permanency plan shall also state whether reunification services, if in effect, should be continued;. With respect to a child placed out of state, procedural safeguards shall be applied as to whether the out-of-state placement continues to be appropriate and in the best inter est of the child, and, in the case of a child who has attained age 16, the services needed to assist the child to make a transition from foster care to independent living. and procedural Procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privi leges of parents;
(2) Reasonable notice of the factual basis of the motion and of the hearing and oppor tunity to be heard are given to the parties affected^ including foster parents, if any, of a child and any preadoptive parent or relative providing care for the child except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard:
and

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JOURNAL OF THE HOUSE,

(3) The court finds that the extension is necessary to accomplish the purposes of the order extended. (m}(o) Except as otherwise provided by law, any other order of disposition in a proceed ing involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues hi force for not more than two years. The court may sooner terminate its order or extend its dura tion for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and oppor tunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. {B}{E! Except as provided in subsection (a) of this Code section, the court may termi nate an order of disposition or extension prior to its expiration, on or without an appli cation of a party, if it appears to the court that the purposes of the order have been accomplished. teMq) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from fur ther obligation or control."
SECTION 2. (a) This Act shall become effective on July 1,1998. (b) The provisions of this Act shall apply to petitions for adoption filed on or after July 1, 1998, except that each surrender of rights filed pursuant to a petition filed on or after July 1, 1998, shall be effective if such surrender of rights complies with the provisions of law in effect on the date of the execution of such surrender of rights.
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 YAndenon YAshe Y Bailey Y Bannister
Barfoot Y Barnard
Barnes Bates YBenefield Y Birdsong YBohannon Y Bordeaux Y Bradford Y Breedlove Bridges Y Brooks Y Brown Buck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCaah Y Channel!

Y Childers Y Clark YCoan Y Coleman, B Y Coleman, T YConneU Y Cooper Y Crawford
Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon YDobbs
Dukes Ehrhart Y Epps Y Evans E Everett Y Felton Floyd Y Franklin

E Golden Y Graves
Greene Y Grindley Y Hammontree
Manner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston

Y Jones 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
Martin, J.L Y Masgey Y McBee
McCall Y McClinton Y McKinney Y Mills Y Mobley
Mosley Y Mueller Y O'Neal Y Orrock Y Parham

Y Fairish Y Parsons
Pelote Perry Y Pinbolster 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 Y Scarlett Y Scheid Y Scott Y Shanahan

FRIDAY, FEBRUARY 27, 1998

1249

Shaw YSherrill YShipp YSima
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 Y Smyra Y Snelling Y Snow
Stallings Y StancU, F

Y StancU, S Stanley, L
Y Stanley, P Y Stephens 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 Watson Y West

Y Westmorland Y Whitaker Y Wiles
WUliams, B Y Williams, J
Williams, R Y Worthan Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1672.

By Representative Holmes of the 53rd:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Anno tated, relating to the approval of tax digests when assessments are in arbitra tion or on appeal, so as to provide that a county may have no more than 3 percent of the total assessed value of the total taxable tangible digest of the county in dispute or 3 percent of the total number of parcels of property in dispute for approval of the tax digest.

By unanimous consent, further consideration of HB 1672 was postponed until Mon day, March 2,1998.

HB 1441.

By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments.

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 Bannister
Barfoot Barnard Barnes Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown Buck YBuckner YBunn Burkhalter YByrd Y Campbell Canty YCash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper YCrawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day DeLoach, B Y DeLoach, G Y Dix YDixon Y Dobbs Dukes Ehrhart Y Epps Y Evans E Everett YFelton

Floyd Y Franklin E Golden Y Graves
Greene Y Grindley Y Hammontree
Banner Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson James Y Jamieson

Y Jenkins Johnson
Y Johnston Jones
Y Joyce Y Kaye Y Ladd Y Lakly Y Lane Y Lee Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee
McCall Y McClinton 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 Ponder Y Porter Y PoweU Y Purcell Y Ragas Randall Y Ray Reaves Y Reichert Y Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders

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JOURNAL OF THE HOUSE,

YSauder YScarlett
Scheid Y Scott YShanahan
Shaw YSherrill YShipp YSims
Sinkfield

Y Skipper Smith, C
Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith,? Y Smith, T
Y Smith, V YSmyn YSnefflng

YSnow Stallings
YStancU, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper

Y Thomas Tillman
Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson

YWest E Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R
YWorthan YYates
Murphy, Spkr

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

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

HR 1170.

By Representatives Smith of the 103rd, Hudson of the 120th, Crawford of the 129th, Manning of the 32nd, Jamieson of the 22nd and others:
A resolution expressing best wishes to Beth Durden and Scott Green and inviting them 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 Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1015 Do Pass, by Substitute HB 1531 Do Pass

HB 1717 Do Pass, by Substitute HB 1726 Do Pass, by Substitute

Respectfully submitted, M Martin of the 47th
Chairman

Pursuant to HR 1165, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 2, 1998.

MONDAY, MARCH 2, 1998

1251

Representative Hall, Atlanta, Georgia Monday, March 2, 1998

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 BamM Bates Birdsong Bohannon Bradford Bridges Brooks Brown Bunn Burkhalter Byrd
Campbell Cash Guilders Clark Coan Coleman, B Connell Crawford Crews Culbreth Cummiiigs

Davis, G Davis, M DeLoach, B DeLoach, G Dizon Dobbe Dukes Ehrhart Kpps Evans Everett Felton Floyd Franklin E Golden Graves Grindley Hammontree Harbin Heard Hecht Hegstrom Henson Holland Howard Hudgens Hudson, N

Hugley Jackson James Johnson Johnston Joyce Kaye Ladd Lakly Lane Lee Lewis Lord Mann Manning Martin, J.L
Massey
McBee
McKinney Mills Mosley Mueller
O'Neal Par ham Parsons Pelote

Perry PinhoUter Poag Polak Ponder Pureell Ragas Ray Reaves Rice Richardson
Roberts Royal Sauder Scarlett Scheid Scott Shanahan Shaw SherriU Shipp Sims Sinkfield
Skipper
Smith, C Smith, C.W

Smith, L Smith, L.R Smith,? Smith, T Smith, V SneUing Stalluigs Stancil, S Stephens Taylor Teague Teper Thomas TillmAn Titus
Trense
Walker, RL Watson
West Westmorland Whi taker
Wiles Williams, B Williams, R Worthan Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Canty of the 52nd, Benefield of the 96th, Orrock of the 56th, Houston of the 166th, Stanley of the 49th, Tolbert of the 25th, Yates of the 106th, Stancil of the 91st, Powell of the 23rd, Channell of the lllth, Porter of the 143rd, Maddox of the 72nd, Mobley of the 69th, Hudson of the 120th, Breedlove of the 85th, Manner of the 159th, Turnquest of the 73rd, Heckstall of the 55th, Day of the 153rd, McCall of the 90th, Jamieson of the 22nd, Irvin of the 45th, Anderson of the 116th, Parrish of the 144th, McClinton of the 68th, Jones of the 71st, Twiggs of the 8th, Bordeaux of the 151st, Dix of the 76th, Greene of the 158th, Martin of the 47th, Sanders of the 107th, Stanley of the 50th, Reichert of the 126th, Williams of the 83rd, Lucas of the 124th, Rogers of the 20th, Alien of the 117th and Buckner of the 95th.
They wish to be recorded as present.

Prayer was offered by the Reverend Joseph C. Morecraft, III, Pastor, Chalcedon Presbyterian 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.

1252

JOURNAL OF THE HOUSE,

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

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

HB 1806. By Representatives Johnston of the 81st, Rice of the 79th, Coan of the 82nd, Crews of the 78th, Mills of the 21st and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to provide that neither Gwinnett County nor its agents or offi cials shall use race, color, creed, gender, or national origin as a criterion for either discriminating against or granting preferential treatment to any indi vidual or group in public employment, public education, or public contract ing.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1807. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to provide a homestead exemption from City of Dalton ad valorem taxes for city purposes and a homestead exemption from City of Dalton Independent School District ad valorem taxes for educational purpose in the amount of $75,000.00 of the assessed value of the homestead for each resi dent of the City of Dalton who is 65 years of age or over and whose annual net income does not exceed $20,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1808. By Representatives Buckner of the 95th, Watson of the 70th, Hegstrom of the 66th, Orrock of the 56th and McBee of the 88th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual crimes, so as to provide that the minimum sentence for statutory rape shall not be probated, stayed, or suspended in certain cir cumstances.
Referred to the Committee on Judiciary.

HB 1811. By Representatives Bordeaux of the 151st, Thomas of the 148th, Mueller of the 152nd, Pelote of the 149th, Stephens of the 150th and others:
A bill to amend an Act creating the Chatham-Savannah Authority for the Homeless, so as to change the provisions relating to the membership, terms, appointment, and purposes of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 2, 1998

1253

HB 1812. By Representatives Wiles of the 34th and Shipp of the 38th:
A bill to amend Code Section 21-2-382 of the Official Code of Georgia Anno tated, relating to additional sites as additional registrar's office or place of registration for absentee ballots, so as to provide that the board of registrars may establish other government buildings generally accessible to the public as additional registrar's offices or places of registration for the purpose of receiving absentee ballots.
Referred to the Committee on Governmental Affairs.

HB 1814. By Representatives Sauder of the 29th, Manning of the 32nd, Bradford of the 30th, Parsons of the 40th, Shipp of the 38th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to change the corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1815. By Representative Parrish of the 144th:
A bill to create the Emanuel County Jail Authority and to authorize such authority to acquire, construct, equip, maintain, and operate jails and other public facilities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1816. By Representatives Franklin of the 39th and Joyce of the 1st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "State Sovereignty and Federal Tax Funds Act".
Referred to the Committee on Appropriations.

HB 1817. By Representative Powell of the 23rd:
A bill to amend an Act creating the Hart County Industrial Development Authority, so as to eliminate a provision expressing the intention of the Gen eral Assembly.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1818. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to provide that the solicitor-general of the state court shall be full time and may not engage in the private practice of law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1819. By Representative Teper of the 61st:
A bill to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change certain provisions of the standard rental agreement relating to storage of per sonal property which is the basis for enforcement of liens without judicial intervention.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1820. By Representative Hudson of the 120th:
A bill to amend an Act creating a Board of Commissioners of Hancock County, so as to change the provisions relating to the compensation and expense allowance of the chairperson and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1188. By Representative Mobley of the 69th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an uninsured employers trust fund.
Referred to the Committee on Industrial Relations.

HR 1189. By Representative Greene of the 158th: A resolution designating the Hubert Ervin "H.E." Hobbs Highway.
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 committees:

HB 1825. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Anno tated, relating to open meetings of governmental agencies, so as to change the provisions relating to providing notice of meetings held at a time or place other than at the time and place prescribed for regular meetings.
Referred to the Committee on Judiciary.

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

HB 1792 HB 1793 HB 1794 HB 1795 HB 1796 HB 1799 HHBB 11880010
HB 1802
HB 1803
HB 1804
HB 1805

HB 1809 HB 1810 HB 1813 HR 1173 jjR 1174 tro 1 1 an "S.B? n7{1
SB S43
SB 575
SB 599
SR 331

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

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

MONDAY, MARCH 2,1998

1255

HB 1225 Do Pass, by Substitute HB 1798 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following 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 1272 Do Pass, by Substitute SR 560 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 1772 Do Pass HB 1777 Do Pass
HB 1779 Do Pass HB 1780 Do Pass HB 1781 Do Pass

HB 1782 Do Pass HB 1783 Do Pass
HB 1790 Do Pass SB 646 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, MARCH 2, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enu merated below:
HB 203 Teachers Retirement; forfeited leave; creditable service HB 236 Mass trans svs; contract prov; counties and municipalities HB 353 Charter Schools Act of 1997; enact HB 396 Boxing; promoters and certain telecasts; licensure & regulation HB 441 Teachers Retirement; public school employees; membership HB 1130 Telecommunications Marketing Act of 1998; enact HB 1425 Firearm possession; restrictions; exempt certain peace officers

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JOURNAL OF THE HOUSE,

HB 1432 HB 1592 HB 1687 HB 1692 HB 1693 HB 1696 HB 1707 HB 1747

EPD; issuance of permits; authorize certain refusals DNR; permits; powers; advisory committee Life ins; allow premium payments from employee contributions Garden City, City of; certain referendum; authorize Torts; wrongful death; increase surviving spouse share Liens; failure to execute notice; amendable defect Natural Resources, Dept & Board of; additional powers & duties Highways; contracts for surveying and deed preparation; powers

HR 994 Glenn Gooch Bypass; designate HR 1111 Matthew A. Towery Bridge; designate HR 1137 Rules of House; amend Rule 37 HR 1154 Don Saggus, Jr., Memorial Bridge; designate

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

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1772.

By Representative Lord of the 121st:
A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to change certain provisions relating to the compensation rates for mem bers of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1777. By Representative Ponder of the 160th:
A bill to abolish the office of elected county surveyor of Seminole County; to provide for appointment of a county surveyor by the governing authority of Seminole County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1779. By Representative Ponder of the 160th:
A bill to provide for the nomination and election of the members of the Board of Education of Seminole County in nonpartisan primaries and elec tions.

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

MONDAY, MARCH 2, 1998

1257

On the passage of the Bill, the ayes were 96, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1780.

By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation and expenses of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1781. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Jones County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation and expenses of the judge of the probate court. ..

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1782.

By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Jones County into the office of tax commissioner of Jones County, so as to change the provisions relating to the compensation and expenses 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 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1783.

By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Jones County and providing in lieu thereof an annual salary, so as to change provisions relating to the compensation and expenses of the 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 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 1790. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to create a board of elections and registration for Newton County and provide for its powers and duties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 646. By Senator Cagle of the 49th:
A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Hall County; to provide for the method of distribution of proceeds of such tax between the Hall County School Dis trict and the independent school districts located wholly or partially within Hall County, including particularly the City of Gainesville School System and the City of Buford School System.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 664. By Senators Clay of the 37th and Lamutt of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date.

SB 672. By Senator Griffin of the 25th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Morgan County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to pro vide for an effective date.

SB 673. By Senator Griffin of the 25th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Morgan County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date.

MONDAY, MARCH 2, 1998

1259

SB 674. By Senator Griffin of the 25th:
A bill to create a court to be known as the State Court of Morgan County; to define its jurisdiction and powers; to provide for the election, qualifica tions, duties, powers, terms, and compensation of the judge and solicitorgeneral thereof; to provide for a court reporter; to provide for the pleading and practice and rules of procedure therein; to provide for jurors for said court.

SB 675. By Senator Griffin of the 25th:
A bill to create a court to be known as the State Court of Morgan County; to define its jurisdiction and powers; to provide for the election, qualifica tions, duties, powers, terms, and compensation of the judge and solicitorgeneral thereof; to provide for a court reporter; to provide for the pleading and practice and rules of procedure therein; to provide for jurors for said court.

SB 677. By Senator Price of the 28th:
A bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit.

HB 1574. By Representative Greene of the 158th: A bill to create the Quitman County Water and Sewerage Authority.

HB 1646.

By Representatives Stephens of the 150th, Thomas of the 148th, Pelote of the 149th and others:
A bill to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to change and expand the corporate limits of the City of Savannah.

HB 1689.

By Representative Stallings of the 100th:
A bill to amend an Act providing for homestead exemptions from City of Carrollton ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for a homestead exemption for the full value of the homestead from ad valorem taxes for educational purposes for residents of the City of Carrollton who are 65 years of age or older and whose income does not exceed a specified amount.

HB 1690.

By Representative Stallings of the 100th:
A bill to amend an Act providing for homestead exemptions from Carroll County ad valorem taxes for county purposes and from Carroll County ad valorem taxes for educational purposes for certain residents of that county and that school district, so as to provide for a homestead exemption for the full value of the homestead from ad valorem taxes for educational purposes.

HB 1691.

By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Bloomingdale, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.

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HB 1701. By Representative Lewis of the 14th:
A bill to amend an Act reincorporating the City of Cartersville, so as to change provisions relating to the method of levying taxes for support of the Cartersville public schools; to change provisions relating to reimbursement of the city council.

HB 1721. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the method of filling vacancies.

SB 180. By Senators Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of minors, so as to provide for notice to tempo rary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship; to provide for objection to such dissolution; to provide for dissolution if no objection is filed; to provide for determination in the best interest of the minor by the juvenile court.

SB 616. By Senators Cheeks of the 23rd, Bowen of the 13th and Streat of the 19th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle drivers' licenses, so as to change certain pro visions relating to keeping of records of applications for drivers' licenses and information on licensees and furnishing of such information; to change cer tain provisions.

SB 649. By Senators Brush of the 24th and Harbison of the 15th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to licenses, permits, and stamps generally, so as to provide that the Department of Natural Resources may issue, without fee, courtesy nonresident fishing licenses to certain paralyzed or disabled veterans partici pating in a fishing tournament sponsored by a nonprofit charitable associa tion of paralyzed veterans.

SB 660. By Senators Abernathy of the 38th, Oliver of the 42nd, Starr of the 44th and Walker of the 22nd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to expand the cir cumstances when the court is authorized to order counseling or counsel and advice; to correct a cross reference; to provide for custody orders to last until the child's 18th birthday in certain circumstances.

HB 1096. By Representative Cummings of the 27th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that in the event a person designated as the pri mary beneficiary by a member of a public retirement or pension system does not survive the member by at least 32 days, any survivor's benefits shall be paid to the secondary beneficiary.

MONDAY, MARCH 2, 1998

1261

HB 1174. By Representatives Royal of the 164th, Buck of the 135th and Jamieson of the 22nd:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding property tax exemptions, so as to authorize certain individuals who are absent from their residence due to health reasons to continue to receive homestead exemptions.

HB 1200. By Representatives McBee of the 88th, Martin of the 47th and Hudgens of the 24th:
A bill to amend Code Section 15-10-137 of the Official Code of Georgia Annotated, relating to training requirements for magistrates, so as to change the provisions relating to training and

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

HB 1294. By Representatives Powell of the 23rd and Hudson of the 156th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to coin operated amusement machines, so as to redefine a term used in such chapter; to correct a cross reference; to change the provi sions relating to the display of stickers issued for coin operated amusement machines.

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

SR 644. By Senators Gillis of the 20th, Dean of the 31st, Middleton of the 50th and Ralston of the 51st:
A resolution creating the Joint Stream Buffer Study Committee.

HR 1185. By Representatives Lane of the 146th, Martin of the 145th, Smith of the 175th and others:
A resolution commending "The A-B-C's for Georgia's Children; and for other purposes.

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

SB 180. By Senators Tanksley of the 32nd, Ray of the 48th and Oliver of the 42nd:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of minors, so as to provide for notice to tempo rary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship; to provide for objection to such dissolution; to provide for dissolution if no objection is filed; to provide for determination in the best interest of the minor by the juvenile court.
Referred to the Committee on Judiciary.

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SB 616. By Senators Cheeks of the 23rd, Bowen of the 13th and Streat of the 19th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle drivers' licenses, so as to change certain pro visions relating to keeping of records of applications for drivers' licenses and information on licensees and furnishing of such information; to change cer tain provisions.
Referred to the Committee on Motor Vehicles.

SB 649. By Senators Brush of the 24th and Harbison of the 15th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to licenses, permits, and stamps generally, so as to provide that the Department of Natural Resources may issue, without fee, courtesy nonresident fishing licenses to certain paralyzed or disabled veterans partici pating in a fishing tournament sponsored by a nonprofit charitable associa tion of paralyzed veterans.
Referred to the Committee on Game, Fish & Parks.

SB 660. By Senators Abernathy of the 38th, Oliver of the 42nd, 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, so as to expand the cir cumstances when the court is authorized to order counseling or counsel and advice; to correct a cross reference; to provide for custody orders to last until the child's 18th birthday in certain circumstances.
Referred to the Committee on Judiciary.

SB 664. By Senators Clay of the 37th and Lamutt of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 672. By Senator Griffin of the 25th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Morgan County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to pro vide for an effective date.
Referred to the Committee on Judiciary.

SB 673. By Senator Griffin of the 25th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Morgan County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 2, 1998

1263

SB 674. By Senator Griffin of the 25th:
A bill to create a court to be known as the State Court of Morgan County; to define its jurisdiction and powers; to provide for the election, qualifica tions, duties, powers, terms, and compensation of the judge and solicitorgeneral thereof; to provide for a court reporter; to provide for the pleading and practice and rules of procedure therein; to provide for jurors for said court.
Referred to the Committee on Judiciary.

SB 675. By Senator Griffin of the 25th:
A bill to create a court to be known as the State Court of Morgan County; to define its jurisdiction and powers; to provide for the election, qualifica tions, duties, powers, terms, and compensation of the judge and solicitorgeneral thereof; to provide for a court reporter; to provide for the pleading and practice and rules of procedure therein; to provide for jurors for said court.
Referred to the Committee on Judiciary.

SB 677. By Senator Price of the 28th:
A bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit.
Referred to the Committee on Judiciary.

SR 644. By Senators Gillis of the 20th, Dean of the 31st, Middleton of the 50th and others:
A resolution creating the Joint Stream Buffer Study Committee.
Referred to the Committee on Natural Resources & Environment.

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 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 ser vice for forfeited annual and sick leave.

The following Committee substitute was read and adopted:

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 accumulated sick leave; to provide con ditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by inserting at the end thereof the following:
"47-3-92. (a) For purposes of this Code section, the maximum amount of sick leave which may be accumulated in one year shall be one and one-fourth days per month of actual ser vice. In the event any employer authorizes sick leave in excess of such amount, any such leave used in any year shall be deducted from the maximum amount of leave authorized for that year by this Code section. Nothing in this Code section shall require any employer to grant any certain amount of sick leave. (b) Accumulated days of sick leave accrued on, after, or before July 1, 1998, for which a member has not been paid shall constitute creditable service. Such creditable service may be used to qualify for retirement but may not be used to qualify for vesting for benefits. The member shall be given one month of creditable service for each 20 days of sick leave. Upon retirement of a member, the employer shall certify to the board of trustees the total amount of that member's sick leave based on leave records. It shall be the duty of each employer to maintain accurate records reflecting sick leave used and accumulated by each employee and to keep such records for at least 50 years. (c) The board of trustees may adopt rules and regulations, not inconsistent with the provisions of this Code section, to aid in administering and carrying out the provisions of this Code section. (d) The creditable service provided by this Code section shall be available only to per sons who retire on or after July 1, 1998."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien YAndeison YAshe
Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield Y Birdsong YBohannon
Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner

Bunn Y Buikhalter YByrd Y Campbell
Canty Y Cash Y Channel! Y Guilders Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings YDavis, G Y Davis, M

Y Day Y DeLoach, B Y DeLoach, G
Dix Y Diion Y Dobba Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golden Y Graves
Greene Y Grindley Y Hammontree Y Banner

Y Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston
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 N 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

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1265

YMcKinney Y Mills YMobley YMosley YMueller YO'Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry YPinholster YPoag YPolak Y Ponder

Y Porter YPowell Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Reichert Y Rice Y Richardson
Roberta) Y Rogers Y Royal
Sanders YSauder Y Scarlett

Y Scheid Y Scott Y Shanahan Y Shaw
Sherrffl 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

Smyre Y Snefflng
Snow Y Stuffings Y Stancil, F Y Stancil, S
Stanley, L Stanley,? Y Stephens Y Taylor Teague Y Teper Y Thomas Y Tfflman Y Titus Y Tolbert

Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Watson 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 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the vote of Representative Greene of the 158th was not recorded 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 2, 1998

Mr. Robert E. Rivers Clerk House of Representatives
State Capitol, Room 307 Atlanta, GA 30334

Dear Mr. Rivers:

Please let the records show on H.B. 203, Teachers Retirement; forfeited leave; creditable service, that I support and vote "yes" on this bill. At the time of this vote, I had a radio interview.

Thank you for your assistance to this matter.

Sincerely,

1st Tommy Smith State Representative District 169

TS/ah

cc:

Georgia Association of Educators

Professional Association of Georgia Educators

HB 1432.

By Representatives Purcell of the 147th, James of the 140th, Reaves of the 178th, Bailey of the 93rd, McCall of the 90th and others:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Anno tated, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use gen erally, so as to provide for additional grounds for the refusal to grant certain permits issued by the director.

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The following Committee substitute was read:

A BILL
To amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources and the director of the Environmen tal Protection Division of the Department of Natural Resources as to control of water pol lution and surface-water use generally, so as to provide for additional grounds for the refusal to grant certain permits issued by the director; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally, is amended by adding at the end thereof new subsections (d), (e), (f)t and (g) to read as follows:
"(d) The director is authorized to require that an applicant for a permit under this arti cle to discharge pollutants with less than three years of compliance history in this state submit, at the time of application, a compliance history disclosure form prepared by the department. The form shall include a statement to the effect that neither the applicant nor, in the case of a corporation or partnership, an officer, director, manager, partner, or shareholder of 5 percent or more of the stock or financial interest in such corporation or partnership has been convicted of a felony or been adjudicated in contempt of court as described in this subsection. Such form shall also require a listing of the names, social security numbers, taxpayer identification numbers, and business addresses of the appli cant or, in the case of a corporation or partnership, its officers, directors, managers, partners, or shareholders of 5 percent or more of the stock or financial interest in such corporation or partnership, along with a description of any offenses identified by this subsection. The director may refuse to issue permits under this article for the discharge of pollutants to persons with less than three years of compliance history in this state if the director finds by clear and convincing evidence that the applicant for such a per mit or, in the case of a corporation or partnership, an officer, director, manager, partner, or shareholder of 5 percent or more of the stock or financial interest in such corporation or partnership:
(1) Has intentionally misrepresented or concealed any material fact in the application submitted to the director; (2) Has obtained or attempted to obtain another permit from the director by misrep resentation or concealment; (3) Has pleaded guilty or been convicted by final judgment, and all appeals have been exhausted, in this state or any other state or federal court of any felony involving moral turpitude within the three years preceding the date of the application for such a permit; (4) Has pleaded guilty or been convicted by final judgment and all appeals have been exhausted to a third or subsequent material violation of any federal environmental law or any environmental law of this state or of any other state that presented a substan tial endangerment to human health or the environment within three years preceding the date of the application for such a permit; (5) Has been adjudicated in contempt of any court order enforcing any federal envi ronmental laws or any environmental laws of this state or of any other state within three years preceding the date of the application for such a permit; (6) Was the holder of any permit required for the discharge of pollutants, as defined by this article, under the laws of this state, any other state, or the Federal Water Pol lution Control Act Amendments of 1972, as amended, which permit has been revoked for reasons of noncompliance within three years preceding the date of the application for a permit under this article; or

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1267

(7) Was denied for reasons of noncompliance the issuance of any permit required for the discharge of pollutants, as defined by this article, under the laws of this state, any other state, or the Federal Water Pollution Control Act Amendments of 1972, as amended, within three years preceding the date of the application for a permit under this article. (e) The director is authorized to refuse to issue permits under this article for the dis charge of pollutants to persons with three or more years of compliance history in this state if the director finds by clear and convincing evidence that the applicant for such a permit or, in the case of a corporation or partnership, an officer, director, manager, partner, or shareholder of 5 percent or more of the stock or financial interest in such corporation or partnership: (1) Has intentionally misrepresented or concealed any material fact in the application submitted to the director; (2) Has obtained or attempted to obtain another permit from the director by misrep resentation or concealment; (3) Has pleaded guilty or been convicted by final judgment, and all appeals have been exhausted, in this state of any felony involving moral turpitude within three years pre ceding the date of the application for such a permit; (4) Has pleaded guilty or been convicted by final judgment, and all appeals have been exhausted, to a third or subsequent material violation of any environmental law of this state that presented a substantial endangerment to human health or the environment within three years preceding the date of the application for such a permit; (5) Has been adjudicated in contempt of any court order enforcing any environmental laws of this state within the three years preceding the date of the application for such a permit; (6) Was the holder of any permit required for the discharge of pollutants under this article and such permit has been revoked for reasons of noncompliance within three years preceding the date of application for a permit under this article; or (7) Was denied for reasons of noncompliance the issuance of any permit required for the discharge of pollutants, as defined by this article, under the laws of this state within three years preceding the date of the application for a permit under this arti cle. (f) The director shall not refuse to issue a permit based upon the information required under subsections (d) and (e) of this Code section if the director finds that affirmative actions taken by the applicant mitigate the impact of any such material misrepresenta tions, concealment, convictions, or adjudication. Such affirmative actions to be consid ered by the director as mitigating factors shall include, but not be limited to, information or documentation related to the following: (1) Implementation by the applicant of formal policies, training programs, or other management controls to minimize the occurrence of future unlawful activities; (2) Installation by the applicant of environmental auditing or compliance programs; or (3) The discharge from employment of any individual who was convicted of a crime as described in subsections (d) and (e) of this Code section. (g) The director shall make separately stated findings of fact to support a written deter mination made under subsections (d), (e), and (f) of this Code section. The findings of ultimate fact contained in such written determination must be accompanied by a concise statement of the underlying basic facts of record to support the findings."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Sauder of the 29th, Purcell of the 147th, Manner of the 159th, Irvin of the 45th and Coleman of the 142nd move to amend the Committee substitute to HB 1432 by striking lines 19 through 22 of page 1 and inserting in lieu thereof the following:

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'"(d) If the director has reasonable cause to believe that an applicant for a permit under this article to discharge pollutants who has less than three years of compliance history in this state is not in compliance with laws or permits, then, the director is authorized to require the applicant to submit, at the time of application,".

The Committee substitute, as amended, was adopted.

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

Alien Y Andereon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
Bunn Burkhalter
YByrd Y CampbeU Y Canty YCash Y Channel! YChildera Y Clark YCoan Y Coleman, B YColeman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununuucs Y Davis, G Y Davis, M YDay YDeLoach, B Y DeLoach, G YDix YDizon 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 YHeckstaU YHegstrom
Henson Y Holland Y Holmes Y Houston Y Howard YHudgens 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
Lee Y Lewis YLord
Lucas Y Maddox YMann Y Manning
Y Martin, J Y Martin, J.L YMassey
McBee YMcCall Y McClinton YMcKinney Y Mills Y Mobley Y Mosley N Mueller YO-Neal
Orrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay Y Reaves
Reichert YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders YSauder Y Scarlett
YScheid Y Scott Y Shanahan YShaw YSherrill 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 YSnelling YSnow Y Suitings Y Standl, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus YTolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Randall of the 127th 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 1696.

By Representative Shanahan of the 10th:
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 failure to execute a notice of lien shall be an amendable defect.

MONDAY, MARCH 2, 1998

1269

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 YAndenon
Aahe YBailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates
Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck
YBuckner YBunn
Burkhalter YByrd Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark
Coan
YColeman, B YColeman, T YConnell YCooper Y Crawford Y Crews

Y Culbreth Y CununinffB YDavis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDii YDixon YDobbe Y Dukes YEhrhart YEpps Y Evans
YFelton YFloyd Y Franklin Y Golden Y Graves YGreene
Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston Y 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
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 Y Perry
Y Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandaU 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 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
Smyre YSnelling YSnow YStallings YStancil, F Y Stancil, S Y Stanley, L
Stanley, P
Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus
Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhi taker 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.

HB 1693.

By Representatives Hecht of the 97th, Martin of the 47th, Crawford of the 129th and Reichert of the 126th:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Anno tated, relating to wrongful death and persons entitled to bring an action, sur vival of an action, release of a wrongdoer, disposition of the recovery, exemption of the recovery from liability for the decedent's debts, and recov ery as to a child born out of wedlock, so as to provide that the share of a surviving spouse of the decedent in a wrongful death action is at least onethird of the amount recovered.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death and persons entitled to bring an action, survival of an action, release of a wrongdoer, disposition of the recovery, exemption of the recovery from liability for the decedent's debts, and recovery as to a child born out of wedlock, so as to provide that the share of a surviving spouse of the decedent in a wrongful death action is at least one-third

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JOURNAL OF THE HOUSE,

of the amount recovered; 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 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death and persons entitled to bring an action, survival of an action, release of a wrongdoer, dis position of the recovery, exemption of the recovery from liability for the decedent's debts, and recovery as to a child born out of wedlock, is amended by striking in its entirety sub section (d), and inserting in its place the following:
(d)(l) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, between among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child. (2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-fourth one-third of such recovery as such spouse's share."
SECTION 2. This Act shall become effective on July 1, 1998, and shall apply to all wrongful death actions arising on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard
YBames Bates
Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBreedlove
Y Bridges Y Brooks
Y Brown Buck
YBuckner YBunn
Burkhalter YByrd Y Campbell Y Canty YCash
Y Channell YChilders Y Clark
Coan YColeman, B
YColeman, T

YConneU Y Cooper YCrawford Y Crews Y Culbreth YCummings Y Davis, G
Y Davis, M NDay
Y DeLoach, B N DeLoach, G YOU Y Dizon
Dobbs Y Dukes
Y Ehrhart Y Epps
Y Evans YEverett Y Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene YGrindley
Y Hammontree Hanner
Y Harbin Y Heard Y Hecht
Y Heckstall

Y Hegstrom Henson
Y Holland Y Holmes Y Houston
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 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 N McClinton Y McKinney Y Mills Y Mobley
Y Mosley Y Mueller
Y O'Neal Y Orrock Y Parham Y Fairish Y Parsons Y Pelote
Y Perry Y PinhoUter
Y Poag Polak
Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Y Reaves Reichert
Y Rice Richardson
Y Roberts
Rogers

Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Y Shaw 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 Stanley,?
Y Stephens Y Taylor Y Teague
Y Teper

MONDAY, MARCH 2, 1998

1271

Y Thomas YTOlman Y Titus YTolbert

N Trenge YTurnquert
Twiggs Y Walker, L

Y Walker, R.L Y Wataon YWest Y Westmoreland

Y Whitaker Y WUe. 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 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

HR 1111. By Representatives Sauder of the 29th, Murphy of the 18th, Irvin of the 45th, Benefield of the 96th, Burkhalter of the 41st and others:
A resolution designating the Matthew A. Towery Bridge.

The following amendment was read:

Representatives McKinney of the 51st, Coan of the 82nd, Mann of the 5th, Whitaker of the 7th and Joyce of the 1st move to amend HR 1111 by adding after the word "Bridge" on line 1 of page 1 the following:
"and the Larry McDonald Memorial Highway".
By adding "PART I" between line 2 and line 3 on page 1.
By adding between lines 28 and 29 on page 1 the following:
"PART II
WHEREAS, Honorable Lawrence Patton McDonald was born in DeKalb County, Georgia, on April 1, 1935; and
WHEREAS, he was educated in the schools of Georgia, received a doctorate in medicine from Emory University in 1957, and completed his residency at Grady Memorial Hospital; and
WHEREAS, he served his country with dedication and ability as a U. S. Navy overseas flight surgeon from 1959 to 1961; and
WHEREAS, for many years he made his home in Cobb County, where he practiced medi cine and served in many positions of honor and trust, including membership on the State Medical Education Board, the National Historical Society, and the Cobb County Chamber of Commerce; and
WHEREAS, from January 1, 1975, until his untimely death aboard Korean Airlines Flight 007 on September 1, 1983, Honorable Larry McDonald served as a Representative from the Seventh United States Congressional District, and as such he eloquently articulated the concerns of his fellow citizens; and
WHEREAS, he dedicated his political life to the defense of the United States Constitu tion; and
WHEREAS, Representative McDonald's tragic death as a victim of the cold war deprived the State of Georgia of one of its most outstanding native sons; and
WHEREAS, on the occasion of the fifteenth anniversary of his untimely death, the State of Georgia wishes to preserve the memory of the sacrifice and service of this able and out standing Georgian and recognize his service to the people of his district.

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PART III". By adding between lines 31 and 32 on page 1 the following: "BE IT FURTHER RESOLVED that Interstate Highway 75 from the Chattahoochee River northward to the Tennessee state line is designated as the Larry McDonald Memo rial Highway.". By inserting "and highway" following the word "bridge" on line 34 of page 1. By inserting following the word "Towery" on line 4 of page 2 the following:
", to the family of Honorable Larry McDonald,".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Andenon NAshe N Bailey Y Bannister NBarfoot N Barnard YBames Y Bates N Benefield NBirdsong YBohannon
Bordeaux Y Bradford YBreedlove
Y Bridges N Brooks Y Brown
Buck
N Buckner
Bunn N Burkhalter NByrd
Campbell N Canty NCash N Channel! Y Childera Y Clark YCoan Y Coleman, B N Coleman, T
Cornell Y Cooper N Crawtord Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M NDay NDeLoacb, B NDeLoach, G NDiz NDiion NDobbe N Dukes YEhrhart NEpps Y Evans N Everett
Felton NFloyd Y Franklin N Golden N Graves NGreene Y Grindley Y Hanunontree NHanner
N Harbin N Heard NHecht NHeckstall N Hegstrom
N Henson N Holland
Holmes
N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson
James N Jamieson NJenkins
Johnson Y Johnaton
Y Joyce Kaye
YLadd YLakly NLane NLee Y Lewis NLord N Lucas Y Maddox YMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCaU N McClinton Y McKinney E Mills N Mobley N Mosley N Mueller NO'Neal NOrrock N Parham

NParrish Y Parsons N Pelote Y Perry
Pinholster NPoag NPolak Y Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves N Reichert
Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett
Scheid Y Scott N Shanahan NShaw N Sherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 48, nays 109. The amendment was lost.

N Smith, L.R Y Smith, P
Smith, T
Smith, V Smyre Snelling NSnow NStallings N Stancil, F Stancil, S Stanley, L
N Stanley, P N Stephens N Taylor
NTeague NTeper N Thomas NTfflman
N Titus N Tolbert NTrense N Turnquest NTwiggs N Walker, L
Walker, R.L
N Watson NWest
Westmoreland NWhitaker
Y Wiles Y Williams, B N Williams, J N Williams, R Y Worthan
YYates Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative James of the 140th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Coleman of the 142nd moves to amend HR 1111 as follows:
On page 1 line 31 after the word Bridge the following
"and on Highway 54, between Peachtree City and Newnan, the bridge over Line Creek be also designated as the Matthew A. Towery Legislative Service Bridge."

MONDAY, MARCH 2, 1998

1273

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

Y Alien N Andenon
Ashe Y Bailey
Bannister NBarfoot Y Barnard YBaraM N Bates Y Benefield YBirdsong NBohannon
Bordeaux Y Bradford NBreedlove N Bridges Y Brooks N Brown
Buck YBuckner
Bunn Y Burkhalter YByrd
Campbell N Canty NCash Y Channel! Y Childers N Clark NCoan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Crawford
Crews

Y Culbreth N CunuuingB N Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G NDiz YDixon NDobbs NDukee NEhrhart YEpps N Evans Y Everett Y Felton YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley
Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Holmes Y Houston N Howard N Hudgens Y Hudson, H

Y Hudson, N YHugley Nlrvin N Jackson Y James Y Jamieson Y Jenkins
Johnson N Johnston Y Jones N Joyce
Kaye NLadd NLakly NLane YLee Y Lewis YLord Y Lucas YMaddox
Mann Y Manning N Martin, J Y Martin, J.L NMassey YMcBee YMcCall N McClinton Y McKinney EMills Y Mobley YMoeley Y Mueller
O'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry
Pinholster YPoag YPolak N Ponder Y Porter Y Powell Y Purcell YRagas YRandall
YRay Reaves
Y Reichert
NRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan
YShaw 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
Smith, V
Smyre Snelling YSnow YStaUings Y Stancil, F Stancil, S Y Stanley, L Y Stanley, P N Stephens Y Taylor YTeague YTeper Y Thomas Tillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Walker, R.L Y Watson YWest Westmorland YWhitaker Y Wiles Y Williams, B N Williams, J Y Williams, R
N Worthan N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 111, nays 42. The amendment was adopted.

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

Y Alien
YAnderaon YAshe Y Bailey
Bannister YBarfoot Y Barnard YBarnes Y Bates Y Benefield YBirdsong YBohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
Buck Y Buckner YBunn Y Burkhalter

YByrd Campbell
Y Canty 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 YDay
Y DeLoach, B Y DeLoach, G YDix

YDixon YDobbs Y Dukes YEhrhart
YEpps Y Evans
Y Everett Y Felton YFloyd
Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall Y HegBtrom YHenson

Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Johnston
Y Jones N Joyce
Kaye
YLadd NLakly YLane YLee

Y Lewis YLord Y Lucas Y Maddox
Mann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton Y McKinney E Mills Y Mobley Y Mosley Y Mueller Y O'Neal YOrrock YParham YParrish Y Parsons

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YPelote Y Perry
Pinholster YPoag YPolak Y Ponder Y Porter YPoweU YPurcell YRagas YRandall YRay Y Reaves YReichert

YRice Y Richardson Y Robert* Y Rogers Y Royal N Sanders Y Sauder YScarlett
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
Smith, V Smyre Snelling Y Snow Y Staffings

Y Stancil, F Stancil, S
Y Stanley, L Y Stanley, P Y Stephens YTaylor Y Teague Y Teper Y Thomas Y Tilhnan Y Titus Y Tolbert Y Trense Y Turnquest

Y Twiggs Y Walker, L
Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R N Worthan N Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 152, nays 7.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

The Speaker assumed the Chair.

HB 1747.

By Representatives Benefield of the 96th, Hudson of the 156th and Porter of the 143rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers of the department of transportation generally; to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities.

The following amendment was read and adopted:

Representative Snow of the 2nd moves to amend HB 1747 by adding on line 6 of page 1 between the semicolon and the word "to" the following:
"to provide that with respect to any permit granted for a commercial driveway, the receiver of such permit must agree that the Department of Transportation reserves the substantial right to purchase for future public road purposes during the immediately succeeding ten years all or a part of said property which is the subject of the permit for a price not to exceed the amount charged by the department for such permit; to pro vide for the disposition of certain parcels of property or interest therein no longer needed for public road purposes and which will be purchased by certain persons for the purposes of commercial driveways; to provide certain limitations for the benefit to the state; to provide an effective date;".
By redesignating Section 4 on page 2 as Section 7 and adding between lines 24 and 25 on page 2 the following:
"SECTION 4. Said title is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 32-6-133, relating to promulgation of regulations and charges for permits for commercial driveways, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(b)(l) Where a person seeks a permit to construct, reconstruct, alter, or improve a commercial driveway and the commercial driveway will lie in whole or in part upon a parcel of land acquired for the state highway system from such person or the imme diately preceding owner of such property from whom such person acquired title to

MONDAY, MARCH 2, 1998

1275

such property, the total amount of money charged to such person as a condition of obtaining the permit shall not exceed the compensation received by such person or the immediately preceding owner of such property from whom such person acquired title to such property for such parcel of land upon its acquisition for the state highway sys tem; provided, however, that with respect to the issuance of any such permit, the receiver of such permit must agree that the department reserves the substantial right to purchase for future public road purposes during the immediately succeeding ten years all or a part of said property which is the subject of the permit for a price not to exceed the amount charged by the department for such permit. This limitation shall apply to the total of all amounts of money of whatever character charged to such person as a condition of obtaining the permit, including without limitation any and all amounts charged for title to or use of land and any and all fees or other costs of any nature whatsoever. This subsection shall constitute only a maximum limitation upon the total amount of money charged under such circumstances and shall not in any manner be construed to establish a minimum amount of money to be charged under such circumstances.'
SECTION 5. Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 32-7-4, relating to procedures for the disposition of surplus property no longer needed for public road purposes by the Department of Transportation, counties, or municipalities, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When a parcel acquired by the department or any interest therein is being disposed of pursuant to a permit to con struct, reconstruct, alter, or improve a commercial driveway and the commercial drive way will lie in whole or in part upon a parcel of land acquired by the department, such property or the interest therein may be acquired under the right created in para graph (1) of this subsection at such price as may be agreed upon, but in no event more than the maximum amount which the department can charge for a commercial driveway permit under subsection (b) of Code Section 32-6-133; provided, however, that with respect to any contract involving the sale of such property or interest therein, the purchaser of such property must agree that the department receives the substantial benefit and reserves the right to purchase for future public road purposes during the immediately succeeding ten years all or a part of said property or interest being conveyed for a price not to exceed the purchase price in the contract of sale. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed.'
SECTION 6. 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, 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 Bannister YBarfoot Y Barnard

YBarnes Y Bates Y Benefield YBirdsong YBohannon
Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks Y Brown
Buck Buckner
YBunn

Y Burkhalter
YByrd Campbell
Y Canty YCash Y Channell Y Childers

Y Clark YCoan Y Coleman, B
Coleman, T Y Connell
Cooper Y Crawford

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Y Crews
Y Culbreth Y Cummings Y Davis, G
Davis,M YDay Y DeLoach, B Y DeLoach, G YDfat YDiion
Dobbs Y Dukes YEhihait YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley
Y Hammontree Y Manner
Harbin Y Heard YHecht YHeckstall

YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James
Jamieson
Y Jenklns 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 Maasey
YMcBee YMcCaU Y McClinton Y McKinney E Mills Y Mobley YMosley YMueller YOTSIeal YOrrock
YParham YParrish Y Parsons Y Pelote Y Perry N Pinholster YPoag YPolak Y Ponder Y Porter Y Powell YPurcell YRagas YRandaU YRay

Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett 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 Y Smith, V
Smyre N Smiling YSnow

YStallings Y Stancil, P Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson
YWest Westmoreland
YWhitaker YWUes Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 159, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1130. By Representatives Williams of the 83rd, Everett of the 163rd, Powell of the 23rd, McCall of the 90th, Bannister of the 77th and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, so as to provide for a short title; to define certain terms; to provide for the certification of telecommunications companies which bill for or solicit intrastate telecommunications services.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, so as to enact the "Telecommunications Marketing Act of 1998"; to provide for a short title; to define certain terms; to provide for the certification of telecommunications companies which bill for or solicit intrastate telecommunications services; to establish procedures for the confir mation of changes in the selection of a primary local exchange or long distance carrier which are generated by telemarketing; to authorize the Public Service Commission to promulgate certain regulations; to provide for the contents of certain letters of agency; to provide for investigations and establish reporting requirements; to prohibit abusive telemarketing acts or practices by telecommunications companies; to provide for a criminal penalty for certain acts of forgery or falsification of authorization; to provide for the enforcement of this Act; to authorize the Public Service Commission to make certain fac tual findings; to provide for a private cause of action for damages resulting from violations of this Act; to provide for related matters; to provide for an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding at the end thereof a new article, to be designated as Article 5, to read as follows:

MONDAY, MARCH 2, 1998

1277

"ARTICLE 5
46-5-180. This article shall be known and may be cited as the 'Telecommunications Marketing Act of 1998.'
46-5-181. As used in this article, the terms 'local exchange company,' 'telecommunications com pany,' and 'telecommunications services' shall have the same meaning as provided in Code Section 46-5-162; the term 'local exchange carrier' shall have the same meaning as 'local exchange company'; and the term 'long distance service' shall include interexchange inter-LATA telecommunications service and interexchange intra-LATA telecom munications service.
46-5-182. No telecommunications company shall bill for intrastate telecommunications services or solicit intrastate telecommunications services within this state without a certificate of authority from the Georgia Public Service Commission; provided, however, that a certifi cate is not required for a telecommunications company to bill for or solicit commercial mobile services. If a telecommunications company which is certificated in Georgia uses a rebiller or other entity to render a final bill, then the name of the telecommunications company which is actually providing the telecommunications service, as the name appears on its Georgia certificate, shall appear on the bill, subject to space limitations.
46-5-183. (a) No telecommunications company shall submit to a customer's local exchange com pany a change order for the customer's primary carrier of local exchange or long dis tance service which is generated by outbound telemarketing unless and until the order has been confirmed in accordance with one of the following procedures:
(1) The telecommunications company has obtained the customer's written authoriza tion in a form that meets the requirements of Code Section 46-5-184; (2) The telecommunications company has obtained the customer's electronic authori zation, placed from the telephone number or numbers on which the primary carrier of local exchange or long distance service is to be changed, to submit the order that confirms the information described in paragraph (1) of this subsection to confirm the authorization. Telecommunications companies electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the toll-free number or numbers shall connect a customer to a voice response unit, or similar mechanism, that automatically records the originating automatic num bering identification, records the required information regarding the change of the pri mary carrier of local exchange or long distance service, and records identifying information about the customer; (3) An appropriately qualified independent third party operating in a location physi cally separate from the telemarketing representative has obtained the customer's oral authorization to submit the primary local exchange or long distance carrier change order that confirms and states appropriate data verifying the customer's identity; (4) Within three business days of the customer's request for a change of a primary local exchange or long distance carrier, the soliciting telecommunications company must send the customer an information package by first-class mail containing at least the following information concerning the requested change:
(A) An explanation that the information is being sent to confirm a telemarketing order placed by the customer within the previous week; (B) The name of the customer's current primary carrier of local exchange or long distance service, or both, as applicable; (C) The name of the newly requested primary carrier or carriers; (D) The type or types of telecommunications service being changed; (E) A description of any terms, conditions, or charges that will be incurred; (F) The name of the person ordering the change;

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(G) The name, address, and telephone number of both the customer and the solicit ing telecommunications company; (H) A postage-paid postcard which the customer can use to deny or cancel the ser vice order; (I) A clear statement that if the customer does not return the postcard to the solic iting telecommunications company the customer's local exchange or long distance service will be switched within 14 days after the date the information package was mailed by the soliciting telecommunications company; and (J) The address and telephone number of a contact point at the Georgia Public Ser vice Commission for consumer complaints. Telecommunications companies must wait 14 days after the information package is mailed to customers before submitting a primary local exchange or long distance car rier change order to a local exchange company. If a customer cancels an order during the waiting period, the telecommunications company cannot submit the customer's order to the local exchange company; or (5) Such other verification procedures as may be specified by the commission in rules or regulations which are consistent with rules promulgated by the Federal Communi cations Commission pursuant to 47 United States Code Section 258. (b) All letters of agency, recordings, or other evidence of change orders shall be main tained by the soliciting telecommunications company for at least one year from the date the customer's service was switched. Failure to maintain such records shall constitute prima-facie evidence that consent from the customer was not obtained. (c) Any telecommunications company's telemarketing or direct mail solicitations or con firmation cards soliciting to change a customer's primary local exchange or long distance carrier shall include the following disclosures: (1) Identification of the telecommunications company soliciting the change; (2) That the purpose of the call or confirmation card is to solicit a change of the cus tomer's primary carrier of local exchange or long distance service; (3) That the customer's local exchange or long distance service may not be changed unless and until the requested change is confirmed in accordance with this Code sec tion and Code Section 46-5-184; and (4) A description of any charge that may be imposed upon the customer by any party for processing the primary local exchange or long distance carrier change. (d) Customer requests for other services, such as travel, calling card, or prepaid calling card services, do not constitute a change in the local exchange or long distance carrier. (e) The requirements of this Code section do not apply to consumer initiated calls. (f) A request for information by a customer shall not be considered a request for a change of a primary local exchange or long distance carrier, and no confirmation card, as described in subparagraph (a)(4)(H) or (a)(4)(I) of this Code section requiring the customer to deny or cancel a service order, may be sent out with any information pack age related to a customer's request for information.
46-5-184. (a) A telecommunications company relying on a written authorization from a customer for a primary local exchange or long distance carrier change must obtain a letter of agency as specified in this Code section. Any letter of agency that does not conform with this Code section is invalid. (b) The letter of agency shall be a separate document, or an easily separable document containing only the authorizing language described in subsection (e) of this Code section, having the sole purpose of authorizing a telecommunications company to initiate a pri mary local exchange or long distance carrier change. The letter of agency must be signed and dated by the subscriber to the telephone line or lines requesting the primary local exchange or long distance carrier change. (c) The letter of agency shall not be combined with inducements of any kind on the same document. (d) Notwithstanding subsections (b) and (c) of this Code section, the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in subsection (e) of this Code section and the necessary information to make

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the check a negotiable instrument. The letter of agency check shall not contain any pro motional language or material. The letter of agency check shall contain, on the front of the check in easily readable, boldface type at least as large and as dark as any other on the front of the check, a notice that the customer is authorizing a primary local exchange or long distance carrier change by signing the check. The letter of agency lan guage also shall be placed near the signature line on the back of the check. (e) At a minimum, the letter of agency must be printed in a type of a size and readabil ity equal to at least 12 point New Roman font and must contain clear and unambiguous language that confirms:
(1) The customer's billing name and address and each telephone number to be cov ered by the primary local exchange or long distance carrier change order; (2) The decision to change the customer's primary carrier of local exchange or long distance service from the current telecommunications company to the prospective tele communications company; and the type of service, whether local exchange, intrastate inter-LATA long distance, or intrastate intra-LATA long distance, to be changed; (3) That the customer designates the telecommunications company to act as the cus tomer's agent for the primary local exchange or long distance carrier change; (4) That the customer understands that the customer may select only one primary inter-LATA long distance carrier, one primary intra-LATA long distance carrier, and one primary local exchange carrier for any one telephone number. Furthermore, that the customer understands that the primary inter-LATA long distance carrier may be different from the primary intra-LATA long distance carrier or primary local exchange carrier and that the primary intra-LATA long distance carrier may be different from the primary local exchange carrier. The letter of agency must make clear to the cus tomer whether the customer is selecting the carrier to provide inter-LATA long dis tance service, intra-LATA long distance service, or local exchange service, or any combination of these services. Any carrier designated in a letter of agency as a pri mary local exchange or long distance carrier must be the carrier directly setting rates for the customer. One telecommunications company can be a customer's primary inter-LATA long distance carrier, a customer's primary intra-LATA long distance car rier, and a customer's primary local exchange carrier; and (5) That the customer understands that any primary local exchange or long distance carrier selection the customer chooses may involve a charge to the customer for chang ing the customer's primary carrier and could involve a charge for changing back to the original primary carrier.
(f) Letters of agency shall not suggest or require that a customer take some action in order to retain the customer's current telecommunications company. (g) If any portion of a letter of agency is translated into another language, then all por tions of the letter of agency must be translated into that language. Every letter of agency must be translated into the same language as any promotional materials, oral descriptions, or instructions provided with the letter of agency.
46-5-185.
(a) A customer shall first report any unwanted, unauthorized change of the customer's primary local exchange or long distance carrier to the customer's current primary local exchange or long distance carrier or the commission; and, thereafter, such carrier shall investigate this complaint along with the soliciting local exchange or long distance car rier in order to determine if the change was authorized in accordance with the proce dures specified in Code Sections 46-5-183 and 46-5-184. If the customer's current primary local exchange or long distance carrier and the soliciting local exchange or long distance carrier have exhausted all means of making a determination regarding authori zation of such change, then they may employ the assistance of the commission in resolv ing the complaint. (b) If the soliciting carrier subscribes to an expedited primary interexchange carrier switchback service, no investigation will be conducted by the customer's current primary local exchange carrier unless the customer specifically requests that an investigation be conducted. In these situations, the customer shall be switched back promptly to the

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former primary long distance carrier at no charge to the customer, consistent with this article. (c) All local exchange companies shall maintain monthly records of the number of unau thorized changes and expedited switchbacks of a customer's primary local exchange or long distance service carrier and shall report such data to the commission on a quarterly basis within 45 days following the end of the quarter. (d) Nothing in this Code section shall be construed to require a customer reporting any unwanted, unauthorized change to exhaust any administrative remedy or remedies that such customer may have available by law before filing an action under the provisions of Code Section 46-5-191.
46-5-186. The customer's current local exchange carrier shall initiate action to change the cus tomer back to the prior local exchange or long distance carrier or to another local exchange or long distance carrier of the customer's choice within three business days after a customer's request for such a change.
46-5-187. Telecommunications companies may not engage in any abusive telemarketing act or practice. Each instance of engaging in an abusive act or practice shall constitute a sepa rate violation of this article. Abusive telemarketing acts or practices shall include but not be limited to the following conduct:
(1) Threats, intimidation, or the use of profane or obscene language; (2) Causing any telephone to ring, or engaging any person in telephone conversation, repeatedly or continuously with intent to annoy, abuse, or harass any person called at that number; and (3) Engaging in outbound telephone calls to a person's residence at any time other than between 8:00 A.M. and 9:00 P.M. local time at the called person's residence unless such person has consented prior to the initiation of the call.
46-5-188. Any employee, representative, or agent of a telecommunications company who forges a customer's signature on a letter of agency or otherwise falsifies evidence of customer authorization of a change of a primary local exchange or long distance carrier shall be guilty of a misdemeanor. Each instance of such forgery or falsification shall be a sepa rate offense.
46-5-189. Any willful violation of this article is subject to enforcement as provided in Code Sec tions 46-2-91, 46-2-92, and 46-2-93. In addition, without limiting the scope of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' any willful violation of this article shall also constitute a violation of Code Section 10-1-393. Contin ued willful violations of this article may also constitute grounds for revocation of a tele communications company's authority or certificate to provide service in Georgia. Notwithstanding anything to the contrary contained elsewhere in this article, any other activity or conduct engaged in during the course of changing a customer's primary local exchange or long distance carrier which is intended to mislead, deceive, confuse, or perpetrate a fraud or unfair or deceptive act or practice shall constitute cause, within the discretion of the commission, to invoke the penalties or revocation, or both, described in this Code section.
46-5-190. If, after a hearing on a complaint, the commission shall determine that the complain ant's selection of a primary local exchange or long distance carrier was switched in viola tion of this article, the commission may make factual findings regarding the amount of damages suffered by the complainant as a result of the unauthorized switch. Such dam ages shall be calculated as the amount of the difference between the charges for the unauthorized and the authorized service from the date of the unauthorized switch in the complainant's service.

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46-5-191. In the event that the remedies provided by Code Section 46-5-185 fail to restore a per son or entity to that person's or entity's selected primary carrier of local exchange or long distance service and fail to reimburse the person or entity for the difference between the charges for the unauthorized and the authorized service, within 90 days of the person's or entity's report of an unwanted, unauthorized change of a primary local exchange or long distance carrier to the carriers or the commission as provided in Code Section 46-5-185, then such person or entity whose primary carrier of local exchange or long distance service has been switched in violation of this article may bring an action to recover damages from the telecommunications company responsible for the violation. The superior, magistrate, and state courts of this state shall have jurisdiction over such actions. Notwithstanding any provision of Code Section 46-2-9 to the contrary, such action may be brought in any county of this state in which the telecommunications com pany transacts business within 24 months of the date of the unauthorized switch of a primary carrier; provided, however, that the running of the statute of limitations shall be tolled during the 90 day period during which the matter is under investigation pursu ant to Code Section 46-5-185. Such action shall proceed in all respects like other civil suits for damages, except that on the trial of such suits any findings of the commission made pursuant to Code Section 46-5-190 shall be prima-facie evidence of the facts stated therein, and damages shall be calculated as three times the amount of the difference between the charges for the unauthorized and the authorized service from the date of the unauthorized switch in the complainant's service. A prevailing plaintiff shall be awarded reasonable attorneys' fees and expenses of litigation incurred in connection with an action brought under this Code section.
46-5-192. (a) Nothing in this article shall be construed to limit or repeal the application of any state or federal law or regulation regarding telemarketing. In addition, nothing in this article shall be construed to limit the application of any such law or regulation to tele communications companies which engage in telemarketing. (b) Nothing in this article shall prohibit a telecommunications company from recovering the cost of conducting investigations and reporting unauthorized changes of a customer's primary local exchange or long distance carrier through tariffed charges or through rates filed with the commission which are applicable to the carrier making such an unautho rized charge."
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 report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien YAnderaon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks Y Brown
Buck YBuckner Y Bunn Y Burkhalter Y Byrd
Campbell Y Canty Y Cash Y Channell Y Childers

Y Claik Y Conn Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford
Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B

Y DeLoach, G Y Dbt Y Diion Y Dobbs
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 Houston Y Howard

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YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Jackson Y Junes Y Jamieson YJenkins Y Johnson Y Johnston
Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi

YMann Y Manning Y Martin, J Y Martin, J.L YMamey YMcBee YMcCaU YMcClinton
McKinney Y Mills
Y Mobley YMosley YMoeUei YO-Neal YOrrock YParham
YParriah Y Parsons YPelote
Perry Y Pinhokter YPoag

YPolak Y Ponder Y Porter YPoweU YPurcell YRagas YRandaU
Ray Y Reaves Y Reichert YRice Y Richardson
Y Roberts Y Rogers YRoyal Y Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw

YSherrill YShipp YSims Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Smith, P Smith, T Y Smith, V Smyre YSneUing YSnow YStallings Y StancU, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephens Y Taylor

YTeague YTeper Y Thomas YTilhnan Y Titus Y Tolbert YTrense
Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
Whi taker Y Wiles Y Williams, B Y Williams, J
Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Crews of the 78th 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 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 Anno tated, 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".

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary and secondary education, so as to repeal Code Section 20-2-255, relating to peti tions for charter school status; to enact the "Charter Schools Act of 1998"; to provide for a short title; to provide for a statement of legislative intent; to provide for definitions; to provide for a petition for charter school status by a local school; to provide for a petition for charter school status by parties other than a local school; to provide for charter school requirements; to provide for enrollment in charter schools; to provide for admission crite ria of charter schools; to prohibit certain reprisals; to provide for the review and approval of charter school petitions by the state board; to provide for the approval or denial of a charter petition by a local board; to provide for the required terms of a charter; to provide for the renewal of a charter; to provide for the creation of an Office of Charter School Compliance and the responsibilities thereof; to provide for an annual report to the General Assembly; to provide for the continuing validity of certain charters which are in effect on July 1, 1998; to provide for related matters; to provide for an effective date and applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by repealing Code Section 20-2-255, relating to peti tions for charter school status.

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SECTION 2. Said chapter is further amended by adding at the end thereof a new Article 31 to read as follows:
"ARTICLE 31
20-2-2060. This article shall be known and may be cited as the 'Charter Schools Act of 1998.'
20-2-2061. (a) It is the intent of the General Assembly to provide a means whereby:
(1) Local schools may choose to substitute an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title; and (2) Private individuals, private organizations, or state or local public entities (exclud ing home study programs or schools; sectarian or religious schools; private for profit schools; private educational institutions not established, operated, or governed by the State of Georgia; and existing private schools) may establish a local school which is subject to an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, which exempts the local school from state and local rules, regulations, policies, and procedures and from other provisions of this title. (b) For purposes of this article, the term: (1) 'Charter' means an academic or vocational performance based contract between the state board, a local board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial period of up to five years. Each academic or vocational performance based contract or aca demic and vocational performance based contract will exempt a school from state and local rules, regulations, policies, and procedures and from the provisions of this title, except as provided in this article and in the charter. (2) 'Charter petitioner' means a local school, private individual, private organization, or state or local public entity which submits a charter petition to a local board. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools. (3) 'Charter school' means a school that is operating under the terms of a charter granted by the state board. (4) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V, Para graph II of the Constitution. (5) 'Local school' means a public school in Georgia which is under the management and control of a local board. (6) 'Local school system' means the system of public schools established and main tained by a local board within its limits pursuant to Article VIII, Section V, Para graph I of the Constitution. (7) 'Minimum state standards' means such minimum standards as are established by the state board as a condition of continued state fiscal assistance to a local school sys tem. (8) 'Petition' means a proposal to enter into a charter. (9) 'State board' means the State Board of Education. (c) Any local school may petition the state board for charter school status in accordance with a schedule approved by the state board. Such petitions must: (1) First be approved by the local board of the local school system in which the pro posed charter school will be located; (2) Subject that school to the control and management of that local board; (3) Be freely agreed to by a majority of the faculty and instructional staff members by secret ballot at the school initiating the petition;

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(4) Be freely agreed to by a majority of the parents present at a meeting called for the purpose of deciding whether to submit the petition to the local board for its approval; (5) Describe a plan for improvement that addresses how the charter petitioner pro poses to improve student learning and meet minimum state standards; (6) Outline proposed verifiable academic or vocational performance based criteria or verifiable academic and vocational performance based criteria that will be used during the period of the charter to measure the progress of the charter petitioner in improv ing student learning and meeting minimum state standards; (7) Describe how parents of students enrolled in the school, as well as the faculty, instructional staff, and the broader community, were and will be directly and substan tially involved in developing the petition, developing and implementing the improve ment plan, and identifying academic or vocational performance based criteria; (8) Provide for a governing body, the majority of the members of which shall be par ents of students enrolled in the school who are not employed by the school or by the local school system in which the charter school is located, which shall be:
(A) Responsible for carrying out the terms of the charter; (B) Subject to the control and management of the local board for that school sys tem; and (C) Subject to the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50; (9) Describe how the concerns of parents of students enrolled in the school, faculty, instructional staff, and the broader community will be solicited and addressed in eval uating the effectiveness of the improvement plan; (10) Describe how personnel matters involving the faculty, instructional staff, and other employees of the charter school will be addressed including, but not limited to, employment status, certification, and evaluation; (11) Describe the financial policies and procedures proposed to be used by the charter school to assure sound fiscal management and by the local board to assure a predicta ble flow of funds to the charter school; and (12) Describe to what extent the school will be subject to the provisions of this title and state and local rules, regulations, policies, and procedures; provided, however, that the provisions of this article shall apply to the charter school notwithstanding any provision in the charter to the contrary. (d) Any private individual, private organization, or state or local public entity, or combi nation thereof, excluding home study programs or schools, sectarian or religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, and existing private schools, may petition the state board for a charter on behalf of a proposed charter school in accordance with a schedule approved by the state board. Such petitions must: (1) First be approved by the local board of the local school system in which the pro posed charter school will be located; (2) Subject that school to the control and management of that local board; and (3) Satisfy all of the requirements set forth in paragraphs (5) through (12) of subsec tion (c) of this Code section.
20-2-2062. (a) A charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school which is also not home based;
(2) Subject to the control and management of the local board;
(3) Required to comply with federal, state, and local rules, regulations, and statutes relating to civil rights, insurance, the protection of the physical health and safety of school students, employees, and visitors, conflicting interest transactions, and the pre vention of unlawful conduct; (4) Subject to all laws relating to unlawful conduct in or near a public school; and
(5) Subject to an annual financial audit in the manner required of a local school.

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(b) A charter school shall enroll any eligible student who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all applicants shall have an equal chance of being admitted through a random selection process. A student who resides outside the school district in which the charter school is located may not enroll in that school except pursuant to such interdistrict transfer policy as may be adopted by the local board or a contractual agree ment between the local boards of the school system in which the student resides and the school system in which the school is located. A charter school shall give enrollment preference to students who reside in the local school district in which the charter school is located. A charter school may give enrollment preference to a sibling of a student cur rently enrolled in the charter school. A student may withdraw without penalty from a charter school at any time and enroll in another local school in the local school system where such student resides. (c) A charter school shall not discriminate on any basis that would be illegal if used by a school system; provided, however, that a charter school may limit admission to a par ticular age group or grade level, to students considered at risk of academic failure, or to areas of academic concentration for the school curriculum, including but not limited to mathematics, science, or the arts. A charter school may establish reasonable criteria to evaluate prospective students which shall be outlined in the petition.
20-2-2063. A local board of education or a school system employee who has control over personnel actions shall not take unlawful reprisal against another employee of the school system because such other employee is directly or indirectly involved with a petition to establish a charter school. A local board of education or a school system employee shall not take unlawful reprisal against an educational program of any school or school system because a petition to establish a charter school proposes the conversion of such educational pro gram to a charter school. As used in this subsection, the term 'unlawful reprisal' means an action taken by a local board of education or a school system employee as a direct result of a lawful petition to establish a charter school which action is adverse to another employee and which is not lawfully taken in response to any action or behavior of such employee or is adverse to an educational program of the school or the school system and:
(1) With respect to such other employee, results in one or more of the following: (A) Disciplinary or corrective action; (B) Transfer or reassignment, whether temporary or permanent; (C) Suspension, demotion, or dismissal; (D) An unfavorable performance evaluation; (E) A reduction in pay, benefits, or awards; (F) Elimination of the employee's position without a reduction in force by reason of lack of moneys or work; or (G) Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification; or
(2) With respect to an educational program, results in one or more of the following: (A) Suspension or termination of the educational program; (B) Transfer or reassignment of the educational program to a less favorable depart ment; (C) Relocation of the educational program to a less favorable site within the school or school system; or (D) Significant reduction or termination of funding for the educational program, unless necessitated by unfunded mandates from federal or state decisions which result in a significant reduction in funds available to the local board of education and which result in a proportionate loss of funding for all schools in the system.
20-2-2064. (a) Bach year, the state board must review petitions for charter school status received by the board. The state board shall approve such petitions and grant charter school sta tus to charter petitioners whose petitions, in the opinion of the state board:

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(1) Meet the requirements set forth in subsection (c) or (d) of Code Section 20-2-2061, as applicable; and (2) Include an agreement to provide a yearly report to parents, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in implementing its school improvement plan. (b) A local board must by a majority vote approve or deny a petition no later than 60 days after the petition is received. The state board may mediate between the local board and a charter petitioner whose petition was denied to assist in obtaining approval of the petition, but such approval must be obtained by majority vote of the local board. (c) The state board shall include in the terms of each charter: (1) A mechanism for declaring the charter null and void if a majority of the parents of students enrolled at the school who are present at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to declare the charter null and void vote to request the state board to withdraw the charter and such major ity of parents vote to affirm such request at another public meeting, which occurs within 30 days of th first meeting and which is called with two weeks' advance notice for the purpose of affirming the earlier vote; (2) A statement that the state board or local board, after providing reasonable notice to a charter school and an opportunity for a hearing, may choose not to renew the charter or may terminate the charter for any of the following grounds:
(A) Failure to implement the improvement plan set forth in the petition; (B) Failure to meet generally accepted standards of fiscal management; (C) A violation of applicable federal, state, or local laws; (D) The existence of competent substantial evidence that the continued operation of the charter school would be contrary to the best interests of the students or the community; or (E) Failure to adhere to the terms of the charter. (3) A mechanism for updating the terms of each charter subject to the approval of the local board, the state board, and a majority of the governing body of the charter school or, in the case of a charter school which was formerly a local school, a majority of the faculty, instructional staff, and parents present at a meeting called for the pur pose of deciding whether to update the terms of the charter, which decision to update shall be based upon the yearly progress reports given the state board by the charter school; (4) A statement that the local board and state board shall treat the charter school no less favorably than other local schools located within the applicable local school sys tem with respect to the provision of funds for instructional, administrative, transpor tation, and building programs; and (5) A statement that, except as provided in this article and in the charter, the charter school shall not be subject to the provisions of this title or any state or local rule, reg ulation, policy, or procedure relating to schools within the applicable local school sys tem, regardless of whether such rule, regulation, policy, or procedure is set by the local board, the state board, or the state Department of Education. (d) Unless otherwise requested in writing not to do so by the governing body of a charter school or the local board which approved that school's charter, the state board is authorized to renew a charter on a one-year or multiyear basis, not to exceed five years. (e) The state board shall create within the Department of Education an Office of Charter School Compliance, the responsibilities of which shall be to: (1) Prepare charter school program guidelines to be approved by the state board;
(2) Distribute charter school application information to inquiring parties;
(3) Process all charter school applications for consideration by the state board;
(4) Administer any state or federal charter school implementation grant program; and
(5) Compile information necessary to produce the annual report required by subsec tion (f) of this Code section.
(f) The state board shall report to the General Assembly each year on the status of the charter school program.

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20-2-2065. Any charter which was issued pursuant to Code Section 20-2-255 and is in effect on July 1,1998, shall continue to be valid until such charter expires according to its terms."
SECTION 3. This Act shall become effective on July 1, 1998, and shall apply to petitions filed on and after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Porter of the 143rd, et al., was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary and secondary education, so as to repeal Code Section 20-2-255, relating to peti tions for charter school status; to enact the "Charter Schools Act of 1998"; to provide for a short title; to provide for legislative intent; to define certain terms; to provide for the contents of charter school petitions; to provide for the approval or denial of charter school petitions by a local board; to provide for the granting of charters by the State Board of Education; to provide for the renewal of such charters; to establish certain requirements with respect to the operation of charter schools; to provide for the admission and enroll ment of students in charter schools; to prohibit certain reprisals; to provide for the amend ment and termination of a charter and for a declaration that a charter is null and void; to provide for certain duties of the State Board of Education and local boards with respect to the provision of funds to a charter school; to establish an Office of Charter School Com pliance and provide for its responsibilities; to require certain reports; to provide for the continuing validity of certain charters which are in effect on July 1, 1998; 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. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by repealing Code Section 20-2-255, relating to peti tions for charter school status.
SECTION 2. Said chapter is further amended by adding at the end thereof a new Article 31 to read as follows:
"ARTICLE 31
20-2-2060. This article shall be known and may be cited as the 'Charter Schools Act of 1998.'
20-2-2061. It is the intent of the General Assembly to provide a means whereby:
(1) Local schools may choose to substitute an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the provisions of this title other than the provisions of this article; and (2) Private individuals, private organizations, or state or local public entities (exclud ing home study programs or schools; sectarian or religious schools; private for profit schools; private educational institutions not established, operated, or governed by the State of Georgia; and existing private schools) may establish a local school which is

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subject to an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, which exempts the local school from state and local rules, regulations, policies, and procedures and from the provisions of this title other than the provisions of this article.
20-2-2062. As used in this article, the term:
(1) 'Charter' means an academic or vocational performance based contract or an aca demic and vocational performance based contract between the state board, a local board of education, and a charter petitioner, the terms of which are approved by the local board of education and by the state board. (2) 'Charter petitioner' means a local school, private individual, private organization, or state or local public entity which submits a petition for a charter. The term 'charter petitioner* does not include home study programs or schools, sectarian schools, reli gious schools, private for profit schools, private educational institutions not estab lished, operated, or governed by the State of Georgia, or existing private schools. (3) 'Charter school' means a school that is operating under the terms of a charter granted by the state board. (4) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V, Para graph II of the Constitution. (5) 'Local school' means a public school in Georgia which is under the management and control of a local board. (6) 'Local school system' means the system of public schools established and main tained by a local board within its limits pursuant to Article VIII, Section V, Para graph I of the Constitution. (7) 'Minimum state standards' means such minimum standards as are established by the state board as a condition of continued state fiscal assistance to a local school sys tem. (8) 'Petition' means a proposal to enter into a charter. (9) 'State board' means the State Board of Education.
20-2-2063.
A petition which is submitted by a charter petitioner to a local board or the state board under Code Section 20-2-2064 shall:
(1) Describe a plan for improvement that addresses how the charter petitioner pro poses to improve student learning and meet minimum state standards; (2) Outline proposed verifiable academic or vocational performance based criteria or verifiable academic and vocational performance based criteria that will be used during the term of the charter to measure the progress of the charter petitioner in improving student learning and meeting minimum state standards; (3) Describe how parents of students enrolled in the school, as well as the faculty, instructional staff, and the broader community, were and will be directly and substan tially involved in developing the petition, developing and implementing the improve ment plan, and identifying academic or vocational performance based criteria; (4) Describe how the concerns of parents of students enrolled in the school, faculty, instructional staff, and the broader community will be solicited and addressed in eval uating the effectiveness of the improvement plan; (5) Provide for the charter school to be subject to the control and management of the local board of the local school system in which the proposed charter school will be located, as provided in the charter and in a manner consistent with the Constitution; (6) Provide for a governing body, the majority of the members of which shall be par ents of students enrolled in the charter school who are not employed by the school or by the local school system in which the charter school is located, which shall be:
(A) Responsible for carrying out the terms of the charter; (B) Subject to the control and management of the local board for that school sys tem, as provided in the charter and in a manner consistent with the Constitution; and

MONDAY, MARCH 2, 1998

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(C) Subject to the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50; (7) For petitions filed by charter petitioners other than a local school, specify whether the charter petitioner elects that the charter school be organized and operated as a nonprofit corporation under the laws of this state; (8) Provide for reasonable criteria to evaluate prospective students; (9) Provide for personnel matters involving the faculty, instructional staff, and other employees of the charter school including, but not limited to, employment status, cer tification, and evaluation; (10) Provide for financial policies and procedures proposed to be followed by the charter school to assure sound fiscal management and by the local board to assure a predictable flow of funds to the charter school; (11) Specify the proposed duration of the charter, not to exceed five years; and (12) Provide for the extent to which the charter school will be subject to the provi sions of this title and state and local rules, regulations, policies, and procedures; pro vided, however, that the provisions of this article shall apply to the charter school notwithstanding any provision in the charter to the contrary.
20-2-2064. (a) A charter petitioner may submit a petition to the local board of the local school sys tem in which the proposed charter school will be located. The local board must by a majority vote approve or deny a complete petition no later than 60 days after its sub mission; provided, however, that the local board shall not act upon a petition submitted by a local school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to by a majority of parents present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. The state board may mediate between the local board and a charter petitioner whose petition was denied to assist in obtaining approval of the petition, but such approval must be obtained by majority vote of the local board. (b) The state board may grant a charter to a charter petitioner whose petition: (1) Has first been approved by the local board of the local school system in which the proposed charter school will be located, pursuant to subsection (a) of this Code sec tion; (2) For petitions submitted by a local school, has been freely agreed to, by secret bal lot, by a majority of the faculty and instructional staff members of a petitioning local school at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the locally approved petition to the state board; (3) For petitions submitted by a local school, has been freely agreed to by a majority of the parents of students enrolled at a petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the locally approved petition to the state board; and (4) The state board finds meets the requirements set forth in Code Section 20-2-2063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and state rules, regulations, policies, and proce dures; provided, however, that the state board shall not grant a charter to a home study pro gram or school, sectarian or religious school, private for profit school, a private educa tional institution not established, operated, or governed by the State of Georgia, or an existing private school. (c) The initial term of a charter shall not exceed five years. The state board may renew a charter, upon the written request of the governing body of the charter school and the local board which approved that school's charter, for the period of time specified in the request, not to exceed five years.

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20-2-2065. (a) A charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school which is also not home
(2) Subject to the control and management of the local board of the local school sys tem in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution; (3) If the petition which was the basis for the charter so provided pursuant to para graph (7) of Code Section 20-2-2063, organized and operated as a nonprofit corpora tion under the laws of this state; (4) Subject to all federal, state, and local rules, regulations, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school stu dents, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (5) Subject to all laws relating to unlawful conduct in or near a public school; and (6) Subject to an annual financial audit in the manner required of a local school, (b) Except as provided in this article and in the charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or pro cedure relating to schools within the applicable local school system, regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the state Department of Education.
20-2-2066. (a)(l) A charter school shall enroll any student who resides in the school district in which the charter school is located and who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or build ing. In such case, all such applicants shall have an equal chance of being admitted through a random selection process; provided, however, that a charter school shall give enrollment preference to such students who reside in the attendance zone in which the charter school is located and may give enrollment preference to a sibling of a resident student currently enrolled in the charter school. (2) A student who resides outside the school district in which the charter school is located may not enroll in that school except pursuant to a contractual agreement between the local boards of the school system in which the student resides and the school system in which the charter school is located. Unless otherwise provided in such contractual agreement, a charter school may give enrollment preference to and enroll a sibling of a nonresident student currently enrolled in the charter school.
(b) A charter school shall not discriminate on any basis that would be illegal if used by a school system; provided, however, that a charter school may limit admission to a par ticular age group or grade level, to students considered at risk of academic failure, or to areas of academic concentration for the school curriculum, including but not limited to mathematics, science, or the arts. A charter school may establish reasonable criteria to evaluate prospective students as provided in its charter. (c) A student may withdraw without penalty from a charter school at any time and enroll in another local school in the school district in which such student resides. A stu dent who is suspended or expelled from a charter school as a result of a disciplinary action taken by a charter school shall be entitled to enroll in a local school within the local school system in which the student resides, if, under the disciplinary policy of the local school system, such student would not have been subject to suspension or expul sion for the conduct which gave rise to the suspension or expulsion. In such instances, the local board shall not be required to independently verify the nature or occurrence of the applicable conduct or any evidence relating thereto.
20-2-2067. A local board of education or a school system employee who has control over personnel actions shall not take unlawful reprisal against another employee of the school system because such other employee is directly or indirectly involved with a petition to establish a charter school. A local board of education or a school system employee shall not take

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unlawful reprisal against an educational program of any school or school system because a petition to establish a charter school proposes the conversion of such educational pro gram to a charter school. As used in this subsection, the term 'unlawful reprisal' means an action taken by a local board of education or a school system employee as a direct result of a lawful petition to establish a charter school which action is adverse to another employee and which is not lawfully taken in response to any action or behavior of such employee or is adverse to an educational program of the school or the school system and:
(1) With respect to such other employee, results in one or more of the following: (A) Disciplinary or corrective action; (B) Transfer or reassignment, whether temporary or permanent; (C) Suspension, demotion, or dismissal; (D) An unfavorable performance evaluation; (E) A reduction in pay, benefits, or awards; (F) Elimination of the employee's position without a reduction in force by reason of lack of moneys or work; or (G) Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification; or
(2) With respect to an educational program, results in one or more of the following: (A) Suspension or termination of the educational program; (B) Transfer or reassignment of the educational program to a less favorable depart ment; (C) Relocation of the educational program to a less favorable site within the school
or school system; or (D) Significant reduction or termination of funding for the educational program, unless necessitated by unfunded mandates from federal or state decisions which result in a significant reduction in funds available to the local board of education and which result in a proportionate loss of funding for all schools in the system.
20-2-2068. (a) The state board may declare a charter null and void if a majority of the parents of students enrolled at the charter school who are present at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void vote to approve such request and such major ity of parents vote to affirm such request at another public meeting, which occurs within 30 days of the first meeting and which is called with two weeks' advance notice for the purpose of affirming the earlier vote.
(b)(l) The state board, after providing reasonable notice to the governing body of a charter school and an opportunity for a hearing, may terminate a charter during its term for any of the following grounds:
(A) Failure to implement the improvement plan set forth in the charter; (B) Failure to adhere to any other term of the charter. (C) Failure to meet generally accepted standards of fiscal management; (D) A violation of applicable federal, state, or local laws; or (E) The existence of competent substantial evidence that the continued operation of the charter school would be contrary to the best interests of the students or the community. (2) The state board shall act upon a written request of a local board for termination of a charter for a charter school located within its school system within 30 days of the date on which such request is submitted. If, prior to making such request, the local board provided reasonable notice to the governing body of a charter school and an opportunity for hearing, and determined that any of the grounds listed in para graph (1) of this subsection had been met, such determination shall be binding on the state board. (c) The terms of a charter may be amended during the term of the charter upon the approval of the local board, the state board, and a majority of the governing body of the charter school or, in the case of a charter school which was formerly a local school, a majority of the faculty, instructional staff, and parents present at a public meeting

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called with two weeks' notice and for the purpose of deciding whether to amend the terms of the charter. (d) A charter school shall be included in the allotment of funds to the local school sys tem in which the charter school is located under Article 6 of Chapter 2 of this title. The local board and state board shall treat the charter school no less favorably than other local schools located within the applicable local school system with respect to the provi sion of funds for instructional and administrative programs and, where feasible, trans portation and building programs. (e) The governing body of a charter school shall provide an annual report to parents, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in implementing its improvement plan.
20-2-2069. There is established within the Department of Education an Office of Charter School Compliance, the responsibilities of which shall be to:
(1) Prepare charter school guidelines to be approved by the state board; (2) Distribute charter school petition information to inquiring parties; (3) Process all charter school petitions for consideration by the state board; (4) Administer any state or federal charter school implementation grant program; (5) Contract with an independent party to evaluate the performance of charter schools, as such performance relates to fulfilling the terms of their charters; and (6) Compile information necessary to produce the annual report required by Code Section 20-2-2070.
20-2-2070. The state board shall report to the General Assembly no later than November 1 of each year on the status of the charter school program.
20-2-2071. Any charter which was granted pursuant to Code Section 20-2-255 and is in effect on July 1,1998, shall continue to be valid until such charter expires according to its terms."
SECTION 3. This Act shall become effective on July 1, 1998, and shall apply to petitions filed on and after that date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Culbreth of the 132nd, et al. move to amend the Floor substitute to HB 353 by inserting on line 4 of page 1, immediately following the word and symbol "status;", the following:
"to remove a certain limitation regarding advance capital outlay funding for construction projects to consolidate or reorganize schools;".
By inserting between lines 30 and 31 on page 1 the following:
"SECTION 2.
Said chapter is further amended in Code Section 20-2-260, relating to the provision of cap ital outlay funds to local school systems under the 'Quality Basic Education Act,' is amended by striking in its entirety subsection (i) and inserting in lieu thereof a new sub section (i) to read as follows:
'(i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however,

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1293

that eaeh teeal seheei system is limited te ne project per fiscal year seept -when sec ond project required te effectuate consolidation er rcorganieatien of- the schools stmttrtancously d that each construction project meets the following conditions:
(1) A school size and organizational study has been completed by the Department of Education;
(2) The local school system has adopted a comprehensive plan to reorganize so that each school within the system funded under this subsection shall meet or exceed the minimum sizes specified in subsection (q) of this Code section or contain all the stu dents within the local school system for the respective school level; provided, however, that nothing contained in this subsection shall be construed so as to require an exist ing school to change its current grade configuration;
(3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the pro posed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;
(5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or con solidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or con solidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
(8) The required local participation and all other procedural requirements of this Code section are met.'".
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.

The Floor substitute, as amended, was adopted.

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

Y Alien N Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard Y Barnes Y Bates YBenefield

Birdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown
Buck Y Buckner

Y Bunn Y Burkhalter Y Byrd
Campbell Y Canty 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 Y Dobbs
Dukes Y Ehrhart
Epps Y Evans

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JOURNAL OF THE HOUSE,

YEverett Felton
YFloyd Y Franklin Y Golden Y Graves Y Greece Y Grindley Y Hammontree
Y Manner Y Harbin
Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston
Howard YHudgens Y Hudson, H Y Hudson, N YHugley 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 Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton McKinney YMills

Y Mobley Y Mosley Y Mueller YO'Neal YOrrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster
YPoag YPolak
Ponder
Y Porter YPowell YPurcell
YRagas Randall
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 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S

Y Stanley, L N Stanley, P Y Stephens Y Taylor NTeague YTeper
Thomas Y Tillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland YWhitaker Y Wiles Y WiUiams, B Y Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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 Anno tated, relating to mass transportation, so as to authorize certain public agen cies, public bodies corporate, public corporations, and public authorities to provide transit services or transit facilities by contract to counties, munici palities, or political subdivisions.

The following Committee substitute was read and adopted:

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; to provide for contract conditions and for elections; to provide for legislative purpose; 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 32 of the Official Code of Georgia Annotated, relating to mass transpor tation, is amended by adding at the end a new Code section to read as follows:
"32-9-11. (a) As used in this Code section, the term:
(1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof. (2) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state but shall not include the Department of Transportation or the Georgia Rail Passenger Authority.

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(3) 'Transit facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services. (4) "Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance. (b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facili ties are to be funded wholly or partially by fees, assessments, or taxes levied and col lected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special election which shall be called and conducted for that purpose by the election superintendent of such local government. Any services provided by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan. (c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation or the Georgia Rail Passenger Authority to contract with any local gov ernment to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pursuant to Article IX, Section III, Paragraph I of the Constitution."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAodenon YAsbe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn

Y Burkhalter Y Byrd
Campbell Y Canty Y Cash YChannell Y Childere 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 Da Y Dixon Y Dobbs Y Dukes Y Ehrhart
Epps Y Evans Y Bverett
Felton Y Floyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard Y Hecht

Y Heckstall Y Hegstrom Y Henson Y Holland Y Holmes Y Houston
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 Lakly
Y Lane Y Lee Y Lewis Y Lord
Lucas Maddoi Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey McBee Y McCall Y McClinton McKinney Y Mills Y Mobley Y Mosley Y Mueller

1296

JOURNAL OF THE HOUSE,

YO'Neal YOrrock YParham YParrish Y Parsons
Pelote Y Perry YPinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell
YRagas

Randall Y Ray Y Reaves Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett YScheid 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
Smyre
Y Snelling

Y Snow Y Stalling* Y Stancil, F Y Stand!, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor Y Teague Y Teper
Thomas Y Tillman Y Titus Y Tolbert
Y Trense

Turnquest Y Twiggn Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles
Williams, B Y Williams, J Y Williams, R YWorthan Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative McBee of the 88th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1707.

By Representative McCall of the 90th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and mainte nance, so as to provide for certain additional powers and duties of the Department of Natural Resources and the Board of Natural Resources with respect to compliance with the federal Clean Air Act, as amended, enforce ment of vehicle emission standards, regulation of vehicle emission inspec tions, and enforcement of vehicle emission standards and regulations.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to provide for certain additional powers and duties of the Department of Natural Resources and the Board of Natural Resources with respect to compliance with the federal Clean Air Act, as amended, enforcement of vehicle emission standards, regulation of vehicle emission inspections, and enforcement of vehicle emission standards and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, is amended by striking in its entirety Code Section 12-9-46, relating to powers and duties of the Board of Natural Resources, and designation of commissioner or director as the board's agent, and inserting hi lieu thereof a new Code Section 12-9-46 to read as follows:
"12-9-46. (a) The board shall have the following powers and duties under this article:
(1) To adopt criteria to establish whether emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in each county or area within a nonattainment area are directly related to excess levels of ozone or carbon monoxide or both in such county or area; provided, however, that such criteria shall in no event

MONDAY, MARCH 2, 1998

1297

be more stringent than the criteria established by the USEPA pursuant to the federal Clean Air Act; (2) To designate each county or area within a nonattainment area which meets the criteria established pursuant to paragraph (1) of this subsection; (3) To prescribe by rule or regulation emission standards or emission limitations lim iting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons from responsible motor vehicles as defined in this article. Such standards may specify the amount of allowable emissions by part per million, percentage of total volume or weight of emis sions, or such other method as the board selects. In no event shall the emission limita tions be stricter than those required by the USEPA pursuant to the federal Clean Air Act, as amended, for the particular vehicle to which such limitations apply. Such emission limitations and emission standards may distinguish between model years, engine types and sizes, trucks and passenger vehicles, or weights of vehicles and may be applicable to groups of vehicles classed according to any such distinctions. Such emission limitations shall be technically feasible. The board may provide by rule or regulation for the method of application of such standards to vehicles with engines of a model year different from the vehicle model year; (4) To prescribe by rule or regulation equipment standards, requirements, or specifi cations for any inspection equipment used to test, measure, inspect for, or determine compliance by a responsible motor vehicle or any responsible motor vehicle equipment with the standards, limitations, or other requirements established by or under the authority of this article; (5) To prescribe by rule or regulation standards and qualifications for mechanic inspectors licensed to operate inspection equipment to inspect responsible motor vehi cles or responsible motor vehicle equipment for compliance with standards, limita tions, or other requirements established by or pursuant to this article; (6) To prescribe by rule or regulation operating techniques, specifications, procedures, requirements for records maintenance, criteria, and other requirements applicable to emission inspection stations authorized to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with the standards, limitations, or other requirements established by or pursuant to this article;
(7) To prescribe by rule or regulation requirements for record keeping and reporting, including, but not limited to, monitoring, surveys, inventories, inspections, reinspections, the results thereof, certification and licensing of mechanic inspectors, certification of emission inspection stations, and certificates of emission inspection issued;
(8) To prescribe by rule or regulation for the exemption of certain motor vehicles or model years from the requirements of this article; provided, however, that no exemp tion shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended;
(9) To prescribe by rule or regulation a fee fees to be charged by emission inspection stations for the performance of emission inspections; provided, however, that such fee fees shall be no less than $10.00 and no more than $25.00 per inspection and shall be based on the cost of performing such inspection in an adequate and proper manner including, without limitation, the cost of equipment, testing, labor, training, record keeping, reporting, and other overhead expenses;
(10) To prescribe by rule or regulation for an inspection term for required emission inspections of responsible motor vehicles. Such term shall either be annual or biennial as required to meet minimum requirements of the federal Clean Air Act and regula tions of the USEPA promulgated pursuant to such act;
(11) To prescribe by rule or regulation an administrative fee to be collected by the deportment director from each emission inspection station in a manner determined by the board by rule or regulation to cover the cost of required and adequate oversight to confirm that inspections are being done in a proper and adequate manner; pro vided, however, that $1.00 of each such administrative fee shall be remitted to the county for each responsible motor vehicle that is registered in that county; and

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(12) To advise, consult, cooperate, and contract with other state agencies including, but not limited to, the Department of Public Safety, any political subdivision of the state, any designated organizations of elected officials within the state, or any other person as necessary to implement and adequately enforce and ensure compliance with any requirement created, provided, prescribed, or established by the board pursuant to this article. (b) With respect to the powers vested in the board pursuant to this Code section, the board may designate the commissioner or the director as its agent in exercising the pow ers so vested. (c) The director shall have the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations and orders promulgated under this article; (2) To issue certificates and licenses and to deny, suspend, or revoke certificates and licenses; (3) To issue all orders and processes as may be necessary to enforce compliance with provisions of this article and all rules and regulations promulgated under this article. and to seek collection of all penalties imposed pursuant to this article: (4) To conduct such public hearings as are deemed necessary for the proper adminis tration of this article: (5) To make investigations, analyses, and inspections to determine and ensure compli ance with this article, rules and regulations promulgated pursuant to this article, and any orders which the director may issue: (6) To institute and prosecute such administrative and court actions as may be neces sary to enforce compliance with any provisions of this article and any rules and regu lations promulgated under this article; (7) To exercise all incidental powers necessary to carry out the purposes of this arti cle; and (8) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article."
SECTION 2. Said article is further amended by striking in its entirety Code Section 12-9-50, relating to authority to inspect, monitor, or investigate inspection stations, and inserting in lieu thereof a new Code Section 12-9-50 to read as follows:
"12-9-50.
Any duly appointed agent of the director, including without limitation any person with whom the board has contracted pursuant to paragraph (12) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon pre sentation of the agent's credentials to inspect, monitor, or investigate the operation of any emission inspection station or any establishment suspected of holding itself out as being an emission inspection station to determine whether such emission inspection sta tion or establishment is in compliance with the requirements of this article] provided however, that nothing in this Code section shall prohibit other investigative techniques from being utilized by. the director."
SECTION 3. Said article is further amended by striking in its entirety Code Section 12-9-53, relating to right of aggrieved or adversely affected person to hearing, and inserting in lieu thereof a new Code Section 12-9-53 to read as follows:
"12-9-53.
(a) Any person whe is aggrieved or adversely affected by tat erder er action ef- the beard-
Of vfiC flWCCTOr KKkQuO Of vCutCfit pttFflUflDo TO tinlS flPllCiC Sfl&ii flftVC ft FlAt TO n HQCulIl|
in accordance with Chapter 13 ef Title 66; the 'Georgia Administrative Procedure Aetr and the rules and regulations adopted by the beard pursuant to this article. (b) Persons are aggrieved or adversely affected where the challenged action has caused ev will erase them injury in feet and where -the injury is to an interest within the gone

MONDAY, MARCH 2, 1998

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article Review of a decision of the director under this article shall be in accordance with Chap ter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 4. Said article is further amended by striking in its entirety Code Section 12-9-55, relating to prohibited acts and penalties, and inserting in lieu thereof a new Code Section 12-9-55 to read as follows:
"12-9-55.
(a)(l) No person shall in any manner represent any place or establishment as an offi cial emission inspection station unless such station has been issued a valid certificate of authorization by the department. (2) No person shall issue a certificate of emission inspection for any responsible motor vehicle unless such person holds a valid certificate of authorization issued pursuant to this article and such vehicle has been inspected and approved by a licensed mechanic inspector as required by this article. (b)(l) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of emission inspection. (2) No person shall possess, display, or cause or permit to be displayed upon any vehicle any emission inspection sticker knowing the same to be counterfeit or issued for another vehicle or issued without the required inspection and approval. (3) No person shall use for the purpose of proof under subsection (d) of Code Section 12-9-48 any receipt or document purporting to show cost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions is sought. (c) It shall be unlawful for any person to operate or permit to be operated on any high way of this state a responsible motor vehicle registered in any county subject to this article pursuant to or subject to the requirements of Chapter 2 of Title 40, which is at the time of operation required to have a certificate of emission inspection under Code Section 12-9-45, without a valid certificate of emission inspection and emission inspec tion sticker, if required. If the owner of any motor vehicle who has been notified of the requirement of an emission inspection pursuant to paragraph (7) of subsection (a) of Code Section 12-9-47 fails to have the vehicle inspected within 30 days after receipt of such notice, such vehicle shall be in violation of this article and any certificate of emis sion inspection and any emission inspection sticker previously issued for such vehicle shall be deemed invalid. For purposes of this subsection, each day of operation or per mission is a separate offense. (d) It shall be unlawful to register, or cause to be registered, a responsible motor vehicle in any county other than the county wherein such vehicle is required to be registered by Chapter 2 of Title 40 for the purpose of avoiding any requirement of this article. Each day of continued unlawful registration shall be a separate offense. (e) With respect to any responsible motor vehicle subject to any requirement under this article, it shall be unlawful for the purpose of avoiding any requirement of this article to render unserviceable by removal, alteration, lack of maintenance, or other interference with its operation any emission control equipment or on-board diagnostic equipment required on such responsible motor vehicle when such vehicle was new by the federal Clean Air Act and required by the regulations of the board promulgated pursuant to this article to be inspected and maintained. Each day of such unserviceability shall be a sep arate offense. (f) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $1,000.00. (g) Any person violating any provision of this article, or rules or regulations under this article, or refusing to comply with any final order issued under this article shall be liable for a civil penalty of not more than $5,000.00 per day.

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(h) It shall be unlawful for any person to violate any provision of this article or any rule or regulation promulgated pursuant to this article. {f}{i} If it is determined that any county has registered responsible motor vehicles with out receiving proof from the owners that the responsible motor vehicles satisfy all appli cable requirements of Code Section 12-9-45 and Code Section 12-9-48, the director shall notify the commissioner of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board may at its discretion withhold Depart ment of Transportation funding assistance from any such county."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Evans of the 28th and McCall of the 90th move to amend the Committee substitute to HB 1707 as follows: Page 3 line 19 delete "fees" add "fee".

The Committee substitute, as amended, was adopted.

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

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBames Y Bates Y Benefield
Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown
Buck YBuckner NBunn Y Burkbalter YByrd
Campbell Y Canty 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 YDeLoach, B YDeLoach, G YDix YDiion YDobbs
Dukes YEhrhart YEpps Y Evans YEverett
Felton YFloyd N Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard
Hecht YHeckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard YHudgens 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 Maddojt YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee Y McCall
McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons
Pelote
Y Perry Y Pinholster YPoag
Polak Y Ponder
Y Porter Y Powell YPurcell
YRagae YRandall
YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Sauder Y Scarlett EScheid Y Scott Y Shanahan YShaw YSherrill 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
Smyre YSnelling YSnow YStallings
Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper
Thomas YTiUman Y Titus YTolbert YTrense Y Turnquest
YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y WiUiams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

MONDAY, MARCH 2, 1998

1301

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 1154. By Representative McCall of the 90th: A resolution designating the Don Saggus, Jr., Memorial Bridge.

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

Y Alien YAndenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaroes Y Bates Y Benefield
Birdsong YBohannon Y Bordeaux Y Bradford
Breedlove
Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn Y Burkhalter YByrd
Campbell Y Canty YCash Y Channel!
Y Childen Y Clark YCoan YColeman, B YColeman, T
Y Cornell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cummings Y Davis, G YDavis, M YDay YDeLoach,B Y DeLoach, G YDii YDixon YDobba Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YPloyd Y Franklin Y Golden Y Graves YGnene Y Grindley Y Hammontree
Hanner Y Harbin
Y Heard Hecht
YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston
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
Y Lucas Y Maddox YMann Y Mflnninc Y Martin, J Y Martin, J.L
YMassey McBee
Y McCall McClinton McKinney
Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster YPoag
Polak
Y Ponder Y Porter Y Powell YPurcell YRagas
Randall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders YSauder Y Scarlett E Scheid
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
Smith, V Smyre YSnelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Y Stanley, P Y Stephens Y Taylor
YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J
Williams, R YWorthan
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.

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 Anno tated, 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.

The following Committee substitute was read:

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A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 31, relating to the State Boxing Commission; to amend Title 43, relating to professions, so as to continue in existence the State Boxing Commission; to define cer tain terms; to provide for membership on the commission; to provide for jurisdiction, pow ers, and duties of the commission; to provide for the regulation of professional boxing matches and of persons involved with professional boxing matches; to provide for licenses; to provide for the issuance of identification cards; to provide for the suspension or revoca tion of licenses; to provide for the revocation of suspensions; to provide for physical exami nations of boxers; to provide that it shall be unlawful to box while under the influence of alcohol or other drugs; to provide for the permitting and regulation of certain pay-perview and closed circuit boxing match telecasts; to require reports and the remittance of fees; to provide for sanctions for violations of the foregoing; to provide for matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing in its entirety Chapter 31, relating to the State Boxing Commission, and inserting in lieu thereof the following:
"CHAPTER 31 RESERVED"
SECTION 2. Title 43 of the Official Code of Georgia, relating to professions, is amended by inserting at the end thereof the following:
"CHAPTER 8A ARTICLE 1
43-8A-1.
As used in this chapter, the term: (1) 'Boxer' means an individual who participates in a professional boxing match. (2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down rendering the oppo nent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. Such term shall not include kick boxing, karate, wrestling, nude boxing, tough man fights, ulti mate fights, or any boxing event regulated by an amateur sports organization. Such term includes any contest or exhibition, engagement, sparring, or practice session, show, or program to which the public is admitted or which is filmed, broadcast, or transmitted for viewing. Such term shall not include training or practice sessions to which no admission fee is charged. (3) 'Boxing registry' means a registry created pursuant to subsection (j) of Code Sec tion 43-8A-21. (4) 'Broadcast' means any audio or visual transmission sent by any means of signal within, into, or from this state, whether live or tape or time delayed and includes any replays thereof. (5) 'Closed circuit telecast' means any telecast which is not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast and includes the term 'pay-per-view.' This definition includes, but is not limited to, telecasts to arenas, bars, clubs, enter tainment or meeting centers, and private residences through cable, broadcast, or other medium. (6) 'Commission' means the State Boxing Commission.

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(7) 'Exhibition' means a match where the participants engage in the use of boxing techniques and where the objective is to display boxing skills and techniques without striving to win. (8) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. 'Face value' shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match. It shall exclude any portion paid by the customer for federal, state, or local taxes. (9) 'Gross receipts' means the gross price charged for the sale or lease of broadcasting, television, closed circuit, or motion picture rights without any deductions for commis sions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; the portion of the receipts from the sale of souvenirs, programs, and other concessions received by the promoter; and the face value of all tickets sold and com plimentary tickets redeemed. (10) 'Indian tribe' means such term as defined in Section 4(a) of the federal Indian Self-Determination and Education Assistance Act, 25 U.8.C.A. Section 450b(e). (11) 'Local fee' means any occupation tax or regulatory fee or special event permit as defined in paragraphs (4) and (6) of Code Section 48-13-5 required to be obtained from a county or municipality in order to hold a professional boxing match within such county or municipality. (12) 'Manager' means a person who receives compensation for service as an agent or representative of a boxer. (13) 'Matchmaker' means a person who proposes professional boxing matches and selects and arranges for the boxers to participate in such matches. (14) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (15) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (16) 'Professional boxing match' means a boxing match held in the State of Georgia in which boxers compete for a monetary prize. (17) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional boxing match. (18) 'Reservation' means the geographically defined area over which a tribal organiza tion exercises governmental jurisdiction. (19) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (20) 'System operator' means any person who broadcasts or telecasts a closed circuit telecast regardless of the technology used to transmit or receive the broadcast or telecast. (21) "Tribal organizations' means such term as defined in Section 4(1) of the federal Indian Self-Determination and Education Assistance Act, 25 U.S.C.A. Section 450b(l).
ARTICLE 2
43-8A-20.
(a) The State Boxing Commission in existence immediately prior to July 1, 1998, is con tinued in existence subject to the provisions of this chapter. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter. (b) The commission shall be composed of five members appointed by the Governor. All appointments shall be for terms of four years. Vacancies shall be filled for the unexpired term under the same procedures and requirements as appointments for full terms.

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(c) The commission shall elect a chairperson from among its own membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission. (d) Each member of the commission shall be reimbursed for expenses and travel as pro vided for members of various state examining boards in subsection (f) of Code Section 43-1-2.
43-8A-21. (a) The commission shall have the sole jurisdiction to license the promotion or holding of each professional boxing match promoted or held within this state. (b) The commission shall have the authority to license participants in any professional boxing match held in the State of Georgia. (c) The commission has the authority to direct, manage, control, and supervise all pro fessional boxing matches. It may adopt bylaws for its own management and promulgate and enforce rules and regulations for the holding of professional boxing matches and for the effective administration of this chapter. (d) The commission may appoint inspectors as duly authorized representatives of the commission to be present at all professional boxing matches to ensure that the rules are strictly observed. (e) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter. (f) The commission or any agent duly designated by the commission may make investi gations. The commission may hold hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records, and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chap ter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a por tion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (g) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of ser vices related to the promotion of amateur boxing in this state. (h) The commission shall have the authority to supervise a professional boxing match held in another state which has no state boxing commission, so long as such professional boxing match is conducted in accordance with the recommended regulatory guidelines certified and published by the Association of Boxing Commissions, this chapter, and rules and regulations adopted pursuant to this chapter. The commission may contract with an Indian tribe to supervise, according to the regulations of the tribal organization, professional boxing matches held on reservations, but only if the commission is other wise authorized by this chapter to carry out the terms of the contract, (i) The commission is authorized to issue to each boxer who is a resident of this state an identification card bearing the boxer's photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is expressly authorized to ensure that the form and manner of issuance of such identifi cation cards comply with any applicable federal law or regulation. The commission is authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card. (j) The commission is authorized to create a boxing registry and to register each boxer who is a resident of this state or who is a resident of another state which has no boxing registry. (k) The commission is authorized to inquire into the financial backing of any profes sional boxing match and obtain answers to written or oral questions propounded to all persons associated with the professional boxing match.
43-8A-22.

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The joint-secretary shall be the secretary of the commission. He or she shall issue licenses and identification cards and perform such other duties as the board may direct to carry out the provisions of this chapter.
43-8A-23. (a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum. (b) The chairperson shall within ten days of receiving an application and license fee, call a meeting of the commission for the purpose of approving or rejecting an application for a license which has been submitted to the commission. The meeting shall be held within 20 days of the chairperson's call at a place designated by the chairperson.
43-8A-24. The commission shall adopt rules and regulations to establish the following:
(1) Procedures to evaluate the professional records and physicians' certifications of each boxer participating in a professional boxing match and to deny authorization for a boxer to fight where appropriate; (2) Procedures to ensure that, except as provided in subsection (c) of Code Section 43-8A-44, no boxer is permitted to box while under suspension from any state boxing commission because of:
(A) A recent knockout or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physician's denial of certifi cation; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; and (3) Procedures to report to the boxing registry the results of all professional boxing matches held in this state or being supervised by the commission and any related sus pensions.
43-8A-25. No member or employee of the boxing commission, no person who administers or enforces the boxing laws, and no member of the Association of Boxing Commissions may belong to, contract with, or receive any compensation from any person who sanctions, arranges, or promotes professional boxing matches or who otherwise has a financial interest in an active boxer currently registered with any boxing registry. The term 'com pensation' does not include funds held in escrow for payment to another person in con nection with a professional boxing match. The prohibition set forth in this Code section shall not apply to any contract entered into or any reasonable compensation received by the commission to supervise a professional boxing match in another state which has no state boxing commission.
ARTICLE 3
43-8A-40. (a) No person shall promote or hold a professional boxing match within this state with out first obtaining a state license from the commission. No person shall promote or hold a professional boxing match supervised by the commission in another state which has no state boxing commission without first obtaining, in addition to any required local fee, a Georgia state license from the commission. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check made out to the commission. The commission may charge an additional fee not to exceed an amount equal to 5 percent of the first $10,000.00 of gross proceeds, plus 3 percent of gross proceeds between $10,000.00 and $100,000.00, plus 2 percent of gross proceeds in excess of $100,000.00. The application shall also be accompanied by a per formance bond in an amount and under such conditions as the commission may require.

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43-8A-41. Any promoters desiring to hold a professional boxing match in another state which has no state boxing commission but which will be supervised by the commission shall pro vide the commission with written notification not later than 30 days before the intended date of the match. Such notification shall contain a statement that all applicable requirements of this chapter will be met and the name of each person who will be involved in organizing or participating in the event, if any, who, at the time of the sub mission of the notification, is under suspension and the identity of the boxing commis sion that issued the suspension.
43-8A-42. (a) Prior to participating in a professional boxing match supervised by the commission, referees, judges, timekeepers, announcers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match and between rounds during a match shall apply for and be issued licenses. Licenses may be issued annually and shall expire on December 31 of each calendar year. Each applicant shall make applica tion on a form provided by the commission which shall be accompanied by an annual license fee not to exceed $250.00. At the discretion of the commission, the fee required in this Code section may be prorated. (b) The commission shall conduct a background investigation to determine if an appli cant has a criminal record; provided, however, that the fact of a criminal record alone shall not affect the application but shall be considered a factor in determining whether to issue a license. The cost of such background investigation shall be borne by the appli cant. (c) The commission shall not issue a license under this Code section unless:
(1) The applicant has paid any required local fee; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations adopted under this chapter; and (3) The commission has determined that no harm to the health, welfare, morals, or safety of the citizens of this state will result from the holding of such match.
43-8A-43. In addition to the license required in Code Section 43-8A-41, each boxer who is a resi dent of this state or another state which has no state boxing commission is required to register with a boxing registry created by the commission and renew his or her registra tion at least once every two years, as determined by the commission. At the time of reg istration and renewal, the boxer shall provide the boxing registry with a recent photograph of the boxer and the social security number of the boxer or, in the case of a foreign boxer, any similar citizen identification number or boxer number from the country of residence of the boxer, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer and such number shall appear on the identification card issued to the boxer as a result of registration. Each boxer is required to present to the boxing commission an identifica tion card issued by the state in which he or she resides not later than the time of the weigh-in for a professional boxing match. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration.
43-8A-44. (a) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, revoke or suspend a state license or take other disciplinary action against the licensee. (b) The commission may revoke a suspension of a boxer if:
(1) The boxer was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) of Code Section 43-8A-24 and has furnished proof of a sufficiently improved medical or physical condition; or (2) The boxer furnishes proof that a suspension pursuant to subparagraph (D) of par agraph (2) of Code Section 43-8A-24 was not or is no longer merited by the facts. (c) The commission may allow a boxer who is under suspension in another state to par ticipate in a professional boxing match if:

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(1) The suspension is for any reason other than those listed in this chapter and the commission notifies the suspending state's boxing commission in writing and consults with the designated official of such commission prior to the grant of approval for such individual to participate in that professional boxing match; or (2) The boxer appeals to the Association of Boxing Commissions and the association determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the purposes of this chapter. (d) The commission may refund any portion of the fee for the state promoter's license in excess of $250.00 to any person who paid such excess fee in the event the professional boxing match for which such fees were paid is not held.
ARTICLE 4
43-8A-60. No person may arrange, promote, organize, produce, or participate in a professional box ing match without meeting the following requirements:
(1) Each boxer must be examined by a physician who must then certify that the boxer is physically fit to compete safely. Copies of each such certificate shall be pro vided to the commission prior to the fight. The commission is authorized at any time to require a boxer to undergo a physical examination, including neurological or neuropsychological tests and procedures; (2) A physician approved by the commission must be continuously present at ringside during every professional boxing match. The physician shall observe the physical con dition of the boxers and advise the referee with regards thereto; (3) One or more inspectors appointed by the commission as duly authorized represen tatives of the commission shall be present at all professional boxing matches to ensure that the rules are strictly observed. An inspector or other duly authorized representa tive of the commission must be present at the weigh-in and at the ring during the conduct of the match. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers; (4) Each boxer shall be covered by health insurance which will cover injuries sus tained during the professional boxing match; and (5) An ambulance and medical personnel with appropriate resuscitation equipment must be continuously present at the site during any professional boxing match.
43-8A-61. It shall be unlawful for any boxer to participate or attempt to participate in a profes sional boxing match while under the influence of alcohol or any drug. A boxer shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional boxing match and ending not more than one hour after the completion of the match reveals that the boxer's mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug.
43-8A-62. All buildings or structures used or intended to be used for holding or giving professional boxing matches shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated county area where the building or structure is situated.
43-8A-63. No person under the age of 16 years shall be admitted to a professional boxing match unless such person is accompanied by the person's parent or guardian. No person under the age of 18 years shall participate as a contestant in any professional boxing match.
ARTICLE 5
43-8A-80.

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JOURNAL OF THE HOUSE,

A boxing match which is broadcast or otherwise transmitted into this state shall be deemed to be held in this state and shall be subject to the jurisdiction of the commis sion and all of the provisions of this chapter.
43-8A-81. (a) The promoter of a closed circuit broadcast must first apply for and the commission must approve a permit for such a telecast. The application for permit shall be on forms provided by the commission and shall contain the date of the broadcast, the origination address of the broadcast, a statement that the applicant acknowledges responsibility for the payment of the fees required by Code Section 43-8A-82 to the commission, the time period by which the postevent reports must be filed, for what portion of the closed cir cuit rights the promoter is acknowledging responsibility, and such other information as the commission may deem necessary to carry out the provisions of this article. The application for a permit must be filed a minimum of 30 days prior to the date of the broadcast.
43-8A-82. (a) Where the Georgia distribution rights for a closed circuit telecast to be viewed in this state are in whole owned by, sold to, acquired by, or held by any person who intends to or subsequently sells or, in some other manner, extends such rights in part to another, then such other person is deemed to be a promoter and must, prior to the telecast be licensed as such by the commission; provided, however, that the commission may provide by rule for additional licensed promoters to participate in the distribution rights and share in the liability for payments to the commission of the fees required by subsection (d) of this Code section. Closed circuit telecasts of a boxing match shall not be telecast from, in, or into this state except under the auspices of a promoter licensed in this state; and such promoter shall be responsible for filing the appropriate reports and fee payments with the commission as provided in this article. (b) In the case of closed circuit telecasts other than pay-per-view, the promoter shall notify the commission of the names and addresses of all facilities to or through which the closed circuit telecast will be shown 14 days prior to the date of the closed circuit event and shall provide daily updates to the commission of any additions and deletions of facilities. (c) Any person or facility owner or operator intending to show the closed circuit telecast, whether or not an admission fee will be charged, must receive authorization to show the telecast from the promoter prior to the telecast. The showing of a closed cir cuit telecast, whether or not an admission fee is charged, without the authorization of the licensed promoter is prohibited. This includes the delayed showing of a closed circuit telecast when such showing requires the authorization of the promoter. Information received by the commission of the names of persons showing a closed circuit telecast in violation of this article shall be furnished to the appropriate office for prosecution. (d) In the case of facilities at or through which the closed circuit telecast was shown, other than a cable television system operator's pay-per-view facilities, the promoter shall, within ten calendar days after the telecast inclusive of mailing time, file with the commission a written report detailing the name, address, telephone number, contact per son's name, and the details of the payment arrangement for the right to receive the telecast for each facility to which the broadcast was transmitted. The report shall be accompanied by a payment of 8 percent of the total amount paid to the promoter for the right to broadcast the telecast as a fee to the commission for the issuance of the telecast permit. The commission may require the owner or operator of the facility where the telecast is being shown to file a report containing information regarding the amount paid to the promoter for the right to broadcast the telecast, the quality of the audio and video signal, and such other information as the commission deems appropriate. (e) In the case of a cable television system operator's pay-per-view facilities at or through which a closed circuit telecast was shown, the promoter shall, within 15 calendar days following receipt from the commission of the notice of permit fees due, file with the commission a payment of 8 percent of the total gross receipts excluding any federal, state, or local taxes but including any fees and expenses charged the promoter by the

MONDAY, MARCH 2, 1998

1309

cable television system operator. The commission may require the system operator to file reports containing information regarding the number of orders sold and the price charged for such orders and such other information as the commission deems appropri ate. Systems shall not be liable to the commission for the fee payment; provided, how ever, that nothing in this Code section is deemed to prevent a system from billing its customers for the fee payment. (f) Any promoter, facility owner or operator, or system operator who willfully makes a false and fraudulent report under this Code section is guilty of the crime of falsifying state records and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed in this article. (g) Any promoter, facility owner or operator, or system operator who willfully fails, neglects, or refuses to make a report or to pay the permit fees as prescribed or who refuses to allow the commission to examine the books, papers, and records of any pro motion is guilty of a misdemeanor. (h) The commission, by rule, shall establish monetary penalties for the late payment of permit fees and the late filing of reports and shall prescribe conditions, if any, under which such penalties may be waived.
ARTICLE 6
43-8A-100. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this chapter, the Attorney General may bring a civil action requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise par ticipate in a professional boxing match in violation of this chapter.
(b)(l) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this chapter shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission, any person who administers or enforces state boxing laws, or any member of the Association of Boxing Commissions who knowingly violates Code Section 43-8A-60 or Code Section 43-8A-61 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any boxer who knowingly violates any provision of this chapter, except Code Sec tion 43-8A-61 shall, upon conviction, be fined not more than $1,000.00 for each viola tion. (4) Any boxer who violates the provisions of Code Section 43-8A-61 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Powell of the 23rd moves to amend the Committee substitute to HB 396 by inserting at the end of line 19 of page 1 the following:
"to provide a conditional effective date;"
By inserting immediately following line 1 of page 16 the following:
"This Act shall become effective only upon the express appropriation of funds by the Gen eral Assembly to carry out the purposes of this Act.

1310

JOURNAL OF THE HOUSE,

SECTION 4."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe YBailey Y Bannister
YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong Y Bobannon
Bordeaux Y Bradford
Bteedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
YBunn Y Burkhalter
Y Byrd Campbell
Y Canty YCash Y Channell
YChilden Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper Y Crawford
YCrews

Y Culbreth Y Cununinff8
Y Davis, G Y Davis, M YDay
YDeLoach, B YDeLoach, G YDix
Dizon YDobbs Y Dukes
YEhrhart YEpps Y Evans
YEverett YFelton YPloyd N Franklin
Y Golden Y Graves YGnene
Y Grindley YHammontree YHanner Y Harbin
Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins Y Johnson
Y Johnston Y Jones N Joyce YKaye YLadd
Lakly YLane YLee Y Lewis YLord Y Lucas YMaddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton
YMcKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock
YParham

YParrish Y Parsons
Pelote Y Perry Y Pinholster
YPoag YPolak Y Ponder
Y Porter YPowell YPurcell
YRagas Y Randall YRay
Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders ESauder YScarlett
EScheid Y Scott Y Shanahan YShaw YSherrill YShipp
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
YSnelling YSnow YStallings
Stancil, F
Y Stancil, S Stanley, L
Y Stanley, P
Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert
Trense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson Y West
Westmoreland YWhitaker 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 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1687.

By Representatives Maddox of the 72nd, Ragas of the 64th and Teague of the 58th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to group life insurance policy requirements generally, so as to authorize the payment of group life insurance premiums wholly from the contributions of employees.

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

Y Alien YAnderaon
YAshe

YBailey Y Bannister
YBarfoot

Y Barnard YBaraes Y Bates

Y Benefield YBirdsong
Y Bohannon

Y Bordeaux Y Bradford
Breedlove

MONDAY, MARCH 2, 1998

1311

Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn YBurkhalter YByrd
Campbell Y Canty YCaah YChanneU Y Guilders Y Clark YCoan Y Coleman, B YColeman, T Y Cornell Y Cooper
Y Crawford Y Crews YCulbreth Y Cununings Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDiion YDobbe Y Dukes YEhrhart

YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson
James YJamieson YJenkins Y Johnson YJohnston

Y Jones Y Joyce YKaye YLadd
YLakly YLane YLee Y Lewis YLord
Lucas YMaddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McCUnton YMcKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal
Orrock YParham YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag

YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders E Sauder YScarlett E Scheid Y Scott Y Shanahan
Shaw 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
YSnelling YSnow YStallings Y Stancil, F
Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas
Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 994. By Representatives Twiggs of the 8th, Lord of the 121st, Murphy of the 18th and Walker of the 141st:
A resolution designating the Glenn Gooch By-Pass.

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

Y Alien Y Andersen YAshe Y Bailey
Bannister YBarfoot Y Barnard YBames Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove
Y Bridges Y Brooks Y Brown
Buck
YBuckner YBunn YBurkhalter YByrd

Campbell Y Canty YCash Y Channel! Y Childers Y Clark YCoan
Y Coleman, B Y Coleman, T YConnell
Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay YDeLoach, B YDeLoach, G YDix YDixon YDobbs

Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Banner Y Harbin Y Heard YHecht YHeckstall Y Hegstrom YHenson Y Holland Y Holmes Y Houston

Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson
James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce
YKaye YLadd
Lakly YLane YLee Y Lewis
YLord Lucas
Y Maddox

YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall
McCUnton McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal Y Orrock YParham YParrish Y Parsons
Pelote Perry Y Pinholster YPoag YPolak

1312

JOURNAL OF THE HOUSE,

Y Ponder Y Porter YPowell YPurceU
YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson
Roberts Rogers

Royal Y Sanders E Sauder YScarlett EScheid Y Scott YShanahan
Shaw 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
Smith, V Smyre Snefflng YSnow YStamnga Y Stancil, F Y Stancil, S

Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas
Tillman Y Titus Y Tolbert
YTrense Y Turnquest YTwiggs

Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R Y Worthan
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 1137. By Representatives Massey of the 86th, Walker of the 141st, Irvin of the 45th, Ashe of the 46th, Lee of the 94th and others:
A resolution amending the Rules of the House of Representatives.

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

Y Alien
N Anderson YAshe Y Bailey Y Bannister YBarfoot Y Barnard NBarnes Y Bates Y Benefield YBirdsong N Bohannon Y Bordeaux
Bradford Breedlove Y Bridges N Brooks Y Brown Buck Y Buckner NBunn Y Burkhalter YByrd Y Campbell Y Canty YCash Channel! N Childers N Clark Coan Y Coleman, B Y Coleman, T YConneU Y Cooper
Crawfbra Y Crews

YCulbreth Y Cummin8
Davig, G
N Davig, M YDay Y DeLoach, B
Y DeLoach, G YDix YDixon
Dobbs Dukes YEhrhart YEpps Y Evans
YEverett Y Felton YFloyd N Franklin
Y Golden Y Graves YGreene N Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard
Y Hudgera Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James Y Jamieson NJenkins Y Johnson N Johnston
Jones N Joyce NKaye
Ladd NLakly YLane YLee N Lewis YLord N Lucas Y Maddox NMann Y Manning
Y Martin, J Y Martin, J.L
Y Massey YMcBee
McCall McClinton N McKinney Y Mills Y Mobley
Y Mosley Y Mueller
YCrNeal YOrrock YParham

YParrish Y Parsons Y Pelote N Perry
Y Pinholster YPoag
Polak
Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay N Reaves Y Reichert YRice
N Richardson Y Roberts Y Rogers
Royal
N Sanders E Sauder
Y Scarlett E Scheid Y Scott YShanahan YShaw
Sherrill YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P
Y Smith, T
N Smith, V Smyre
YSneUing YSnow YStallings Y Stancil, F Y StancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus N Tolbert YTrense
Turnquest YTwiggs Y Walker, L N Walker, R.L
Y Watson YWest
N Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Worthan N Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 128, nays 28. The Resolution, having received the requisite constitutional majority, was adopted.

MONDAY, MARCH 2, 1998

1313

HB 1692. By Representative Stephens of the 150th:
A bill to authorize the mayor and council of Garden City to submit by refer endum to the electors of Garden City the question of adding restaurants ser ving alcoholic beverages for consumption on the premises to the permitted uses listed in the Garden City zoning ordinance and permitting such use in C-2 zoning districts within the city, subject to certain conditions.

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

Y Alien YAndenon
YAshe Y Bailey YB.nni.ter YBarfoot Y Barnard YBarnes Y Bates YBenefield
Birdsong Y Bohannon Y Bordeaux Y Bradford
Breeilove Y Bridge. Y Brooks Y Brown
Buck YBuckner YBunn Y Burkhalter YByrd Y Campbell Y Canty NCash Y Channel! YChildere Y Clark YCoan YCotaman, B YColeman, T Y Cornell
Cooper YCrawford Y Crews

YCulbreth
Davia, G YDavia, M YDay YDeLoach, B YDeLoach, G
Diz YDizon YDobbs Y Dukes YEhihart YEpp. Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGnene YGrindley YHammontree Y Banner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye
Ladd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee
McCall McClinton McKinney Y Mills Y Mobley YMosley YMueller YO-Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag
Polak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers
Royal Y Sander. ESauder YScarlett EScheid Y Scott YShanahan YShaw YSherrill 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
Smyre YSnelling YSnow Y Stalling. Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephen. YTaylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWateon YWet Y Westmorland Y Whitaker Y Wiles Y Williams, B
Y William., J Y William., R YWorthan YYate.
Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was

Representative Twiggs of the 8th moved to postpone HB 1592 until Tuesday, March 3, 1998.
The motion prevailed.

Representative Holmes of the 53rd moved to postpone HB 1672 until Tuesday, March 3, 1998.
The motion prevailed.

1314

JOURNAL OF THE HOUSE,

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 retire ment system.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-70.1 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of new state agencies, so as to provide that officers and employees of the Georgia Lottery Corporation may make an irrevocable election not to be a member of such retirement system; to pro vide conditions upon the authority of such corporation in making employer contributions into a deferred compensation plan or pension plan for its officers and employees; to pro vide a vesting schedule; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 47-2-70.1 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of new state agencies, is amended by inserting at the end thereof the following:
"(d)(l) Notwithstanding the provisions of subsection (c) of this Code section, the offi cers and employees of the Georgia Lottery Corporation created by Code Section 50-27-4 may make an irrevocable election not to be a member of this retirement sys tem by notifying the board of trustees in writing not later than 60 days following the date on which the federal Internal Revenue Service officially rules on the participation of such persons in a qualified deferred compensation plan, or within 60 days following the first date of employment, whichever date is later. Any person who elects to remain a member of this retirement system shall not be eligible to participate in any pension plan offered by such corporation. (2) The Georgia Lottery Corporation shall be entitled to participate in a pension or deferred compensation plan maintained by the state for public employees pursuant to Section 401 (k) of the federal Internal Revenue Code, as now or hereafter amended. Any provision of Code Section 50-27-9 to the contrary notwithstanding, if the corpora tion participates in any such plan, it shall not be authorized to maintain a pension plan or deferred compensation plan for its officers and employees. The maximum per centage of a participant's salary which the corporation may pay into any pension plan or deferred compensation plan, by whomever such plan may be maintained, for or on behalf of the participant shall be 7 Vi percent. (3) If the corporation offers a pension plan or deferred compensation plan for its offi cers or employees other than a plan maintained by the state for state employees, the following vesting schedule shall be applicable:
(i) Prior to the completion of three years of continuous employment after the ini tiation of the plan, the participant shall have no vested interest in any such amount; (ii) After completion of three years of continuous employment after the initiation of the plan, the participant shall have a vested interest in 20 percent of such amount; (iii) After completion of four years of continuous employment after the initiation of the plan, the participant shall have a vested interest in 40 percent of such amount;

MONDAY, MARCH 2, 1998

1315

(iv) After completion of five years of continuous employment after the initiation of the plan, the participant shall have a vested interest in 60 percent of such amount; (v) After completion of six years of continuous employment after the initiation of the plan, the participant shall have a vested interest in 80 percent of such amount; and (vi) After completion of seven years of continuous employment after the initiation of the plan, the participant shall have a vested interest in 100 percent of such amount. Periods of employment by persons employed by the corporation on July 1,1998, shall be calculated for purposes of vesting."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 N Andenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard Y Barries
Y Bates Y Benefield
YBirdsong Y Bohannon Y Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown
Buck Y Buckner
YBunn Y Burkhalter
YByrd Y Campbell
Y Canty YCash
Channel!
YChildere Y Clark YCoan Y Coleman, B
Coleman, T Y Cornell
Y Cooper Crawford
Y Crews

Y Culbreth Y Cununings
Davii, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix YDizon YDobbe Y Dukes YEhrhart YEpps Y Evans YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstaU Y Hegstrom YHenson Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston YJones Y Joyce YKaye
Ladd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J
Y Martin, J.L YMassey YMcBee YMcCall
McClinton McKinney Y Mills
Y Mobley YMosley Y Mueller YO'Neal
YOrrock YParham

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag
Polak Y Ponder Y Porter YPowell YPurcell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers
Royal
Sanders E Sauder YScarlett E Scheid Y Scott Y Shanahan YShaw
SherriU 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
Smyre YSnelling YSnow YStallings Y Stancil, F YStancil, S Y Stanley, L Y Stanley, P
Stephens Y Taylor
NTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense YTurnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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 156, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

1316

JOURNAL OF THE HOUSE,

HB 1425.

By Representatives Kaye of the 37th, Powell of the 23rd, Joyce of the 1st, West of the 101st, McKinney of the 51st and others:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutes relating to the pos session of firearms, so as to provide that peace officers certified by jurisdic tions outside of the state shall be exempt from restrictions on possessing firearms.

The following Committee substitute was read:

A BILL
To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutes relating to the possession of firearms, so as to provide that peace officers certified by jurisdictions outside of the state shall be exempt from restrictions on possessing firearms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutes relating to the possession of firearms, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) Peace officers^ as such term is defined in paragraph (11) of Code Section 16-1-3. whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a simi lar privilege for the peace officers of this state;"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Martin of the 47th, Lee of the 94th and Kaye of the 37th move to amend the Committee substitute to HB 1425 as follows: 1. By adding after the word "firearms" on line 6 of page 1 the following:
"; to exempt full-time municipal and city court judges from said restrictions"
2. By striking on line 13 of page one "paragraph (1)" and inserting the following
"paragraphs (1) and (12)"
3. By adding after line 20 of page 1 the following:
"(12) State and federal trial and appellate judges and full-time judges of municipal and city courts."

Representatives Westmorland of the 104th, Lee of the 94th and Kaye of the 37th move to amend the Committee substitute to HB 1425 by adding after the first semicolon on line 6 of page 1 the following:
"to amend Code Section 16-11-107 of the Official Code of Georgia Annotated, providing criminal penalties for destroying or injuring police dogs or police horses, so as to change the provisions relating to definitions so as to include search and rescue dogs; to provide for a short title;".
By adding between lines 20 and 21 of page 1 the following:

MONDAY, MARCH 2, 1998

1317

"SECTION 1.1.
This section and Section 1.2 of this Act shall be known and may be cited as the 'Sadie Act.'
SECTION 1.2.
Code Section 16-11-107 of the Official Code of Georgia Annotated, providing criminal pen alties for destroying or injuring police dogs or police horses, is amended by striking subsec tion (a) thereof and inserting in its place a new subsection to read as follows:
'(a) As used in this Code section, the term:
(1) "Accelerant detection dog" means a dog trained to detect hydrocarbon substances.
(2) "Bomb detection dog" means a dog trained to locate bombs or explosives by scent.
(3) "Firearms detection dog" means a dog trained to locate firearms by scent.
(4) "Narcotic detection dog" means a dog trained to locate narcotics by scent.
(5) "Narcotics" means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21.
(6) "Patrol dog" means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state.
(7) "Police dog" means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, an accelerant detection dog, or a tracking dog used by a law enforcement agency. "Police dog" also means a search and rescue dog.
(8) "Police horse" means a horse trained to transport, carry, or be ridden by a law enforcement officer and used by a law enforcement agency.
(8.1) "Search and rescue dog" means any dog that is owned or the services of which are employed by a fire department or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including but not limited to persons who are lost, who are trapped under debris as a result of a natural or manmade disaster, or who are drowning victims.
(9) "Tracking dog" means a dog trained to track and find a missing person, escaped inmate, or fleeing felon.'"

Representatives Parrish of the 144th, Lee of the 94th and Kaye of the 37th move to amend the Committee substitute to HB 1425 by adding on line 6 of page 1 between the semicolon and the word "to" the following:
"to provide that district attorneys emeritus shall be exempt from restrictions on possess ing firearms;".
By redesignating Section 2 on page 1 as Section 3 and adding between lines 20 and 21 of page 1 the following:
"SECTION 2.
Said Code section is further amended by striking in its entirety paragraph (5) of subsec tion (a) and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5) District attorneys, investigators employed by and assigned to a district attorney's office, ad assistant district attorneys^ and district attorneys emeritus;'".

Representative Reichert of the 126th moves to amend the Committee substitute to HB 1425 as follows:

1318

JOURNAL OF THE HOUSE,

P 1 line 16 following the comma insert "and retired peace officers so long as they remain certified".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBaraes Y Bates YBenefield YBirdsong YBohannon Y Bordeaux Y Bradford
Breedlove Y Bridges N Brooks Y Brown
Buck YBuckner YBunn YBuikhalter YBjrrd Y Campbell Y Canty YCash Y Channell YChilders Y Clark YCoan YColeman, B YColeman, T YConneU Y Cooper YCrawford Y Crews

Y Culbreth Y Cununiiun
Davi., G Y Davit, M YDay YDeLoach, B YDeLoach, G YDix YDizon YDobbs N Dukes YEhrhart
Epps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Gravel YGreene
YGrindley Y Hammontree YHanner Y Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland
N Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce YKaye
Ladd YLakly YLane YLee Y Lewis YLord Y Lucas
Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall N McClinton
McKinney Y Mills Y Mobley YMosley Y Mueller YO-Neal
Orrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag
Polak Y Ponder Y Porter YPowell YPureeU YRagas YRandall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers
Royal Sanders E Sauder YScarlett EScheid 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 Smith, P
Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper Y Thomas YTiUman Y Titus Y Tolbert YTrense N Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spki

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

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

HB 1631.

By Representatives Murphy of the 18th, Buck of the 135th, Davis of the 48th 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.

MONDAY, MARCH 2, 1998

1319

The following Resolutions of the House were read and adopted:

HR 1190. By Representatives Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and Smith of the 102nd:
A resolution commending the Discovery Garden Club.

HR 1191. By Representatives Buckner of the 95th, Hegstrom of the 66th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A resolution commending advocates for crime victims.

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

HR 1192.

By Representative Coleman of the 142nd:
A resolution commending the Dodge County High School Lady Indians SlowPitch Softball Team and inviting the players and coach to appear before the House of Representatives.

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 Senate and has instructed me to report the same back to the House with the follow ing recommendation:
SB 513 Do Pass
Respectfully submitted, M 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1413 Do Pass, by Substitute HB 1604 Do Pass, by Substitute

HB 1791 Do Pass SB 325 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

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 1506 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 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 391 Do Pass, by Substitute SB 569 Do Pass SB 574 Do Pass, as Amended
Respectfully submitted, /s/ Royal of the 164th
Chairman

The Speaker announced the House in recess subject to call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

TUESDAY, MARCH 3, 1998

1321

Representative Hall, Atlanta, Georgia Tuesday, March 3, 1998

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:

Aahe Bailey Barfoot Barnard Bates Benefield Birdsong Bohannon Bradford Breedlove Bridges Brooks Brown Buckner Bunn Burkhalter Byrd Campbell Cash CChlairldkere
Coan Coleman, B Connell

Crawfoid Crews Davis, M DeLoach, B DeLoach, G Dizon Everett Felton Floyd Franklin Golden Graves Greene Hammontree Harbin Heard Hecht Henson Holland HHoowusatrodn
Hudgens Hudson, H Hudson, N

Hugley Jackson James Johnson Johnston Lakly Lane Lee Lewis Mann Manning Martin, J Martin, J.L Massey McBee McClinton Mills Mobley Mosley MO'uNeelalel r
Parsons Pelote Perry

PinhoUter Poag Porter PurceU Ray Reaves Reichert Richardson Roberts Royal Sanders Sauder Scarlett E Scheid Scott Shanahan Shaw Shipp Sims SSkmipitphe, rC
Smith, C.W Smith, L Smith, L.R

Smith,? Smith, T E Snelling Stallings Stancil, F Stancil, S Stephens Taylor Teper Thomas Tillman Titus Trense Tumquest Watson wt WMtak.r wwmL,. I ,,W!illi"am"s, 1R
Worthan Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Williams of the 63rd, Stanley of the 49th, Cooper of the 31st, Dukes of the 161st, Jones of the 71st, Jamieson of the 22nd, Irvin of the 45th, Parham of the 122nd, Ehrhart of the 36th, Smith of the 102nd, Ragas of the 64th, Kaye of the 37th, Lucas of the 124th, Manner of the 159th, Sherrill of the 62nd, Rogers of the 20th, Tolbert of the 25th, Polak of the 67th, McCall of the 90th, Day of the 153rd, McKinney of the 51st, Bannister of the 77th, Rice of the 79th, Westmorland of the 104th, Ponder of the 160th, Ladd of the 59th, Heckstall of the 55th, Joyce of the 1st, Epps of the 131st, Parrish of the 144th, Snow of the 2nd, Dobbs of the 92nd, Teague of the 58th, Jenkins of the 110th, Walker of the 87th, Channell of the lllth, Bordeaux of the 151st, Sinkfield of the 57th, Davis of the 48th, Evans of the 28th, Twiggs of the 8th, Stanley of the 50th, Alien of the 117th, Powell of the 23rd, Culbreth of the 132nd and Dix of the 76th.
They wish to be recorded as present.

Prayer was offered by the Reverend William O. Walker, Pastor, Grove Level 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.

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

The Journal was confirmed.

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JOURNAL OF THE HOUSE,

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

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

HB 1821. By Representatives Bannister of the 77th, Coleman of the 80th, Breedlove of the 85th, Williams of the 83rd, Crews of the 78th and others:
A bill to amend an Act known as the "Gwinnett County Merit System Act" and authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to change the provisions relating to selection of board members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1822. By Representatives Brown of the 130th and Epps of the 131st:
A bill to amend an Act entitled "An Act creating a Board of Commissioners for Troup County," so as to change the compensation of the members and the chairperson of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1823. By Representatives Parham of the 122nd and Hudson of the 120th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Baldwin County into the office of tax commissioner of Baldwin County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1824. By Representative Houston of the 166th:
A bill to amend an Act establishing a new charter for the Town of Sparks, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1826. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A bill to provide a homestead exemption from Liberty 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 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 3, 1998

1323

HB 1827. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A bill to provide a homestead exemption from certain Liberty 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 1828. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A bill to provide a homestead exemption from Liberty County School Dis trict ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1829. By Representative Massey of the 86th:
A bill to provide for an advisory referendum election to be held in the City of Auburn for the purpose of ascertaining whether the charter of the City of Auburn should be dissolved.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1830. By Representatives Whitaker of the 7th and Poag of the 6th:
A bill to provide a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who 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 1831. By Representative Crawford of the 129th:
A bill to amend an Act creating the Board of Commissioners of Pike County, so as to provide for a county manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1832. By Representative Crawford of the 129th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pike County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1833. By Representative Whitaker of the 7th:
A bill to provide for the compensation of the chief magistrate of the Magis trate Court of Lumpkin County.
Referred to the Committee on State Planning & Community Affairs - Local.

1324

JOURNAL OF THE HOUSE,

HB 1834. By Representatives Sauder of the 29th, Bradford of the 30th, Parsons of the 40th, Cooper of the 31st, Grindley of the 35th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to change the membership of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1835. By Representatives Golden of the 177th, Reaves of the 178th and Shaw of the 176th:
A bill to amend an Act providing a new charter for the City of Valdosta, so as to redefine the corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1193. By Representative Coleman of the 142nd:
A resolution designating the intersection of U.S. Highway 341 and Georgia Highway 87 in Dodge County as the Heart of Georgia Armed Forces Veter ans Memorial Intersection.
Referred to the Committee on Transportation.

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

HB 1848. By Representative Dobbs of the 92nd:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to provide for moratoria on the con struction or expansion of certain large-scale animal feeding operations and the issuance of land application system permits.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 1225. By Representative Purcell of the 147th: A resolution designating the L. Carlton Gill Highway.
Referred to the Committee on Transportation.

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

HB 1806 HB 1807 HB 1808 HB 1811
HB 1812 HB 1814
HB 1815
HB 1816 HB 1817 HB 1818
HB 1819 HB 1820 HB 1825

HR 1188 HR 1189 SB 180 SB 616
SB 649 SB 660
SB 664
SB 672 SB 673 SB 674
SB 675 SB 677 SR 644

TUESDAY, MARCH 3, 1998

1325

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 649 Do Pass
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 932 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
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 1630 Do Pass HB 1792 Do Pass HB 1793 Do Pass

HB 1801 Do Pass HB 1809 Do Pass HB 1810 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 3, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enu merated below:
HB 155 Condemnation cases; assessors; certain notice HB 862 Insurance; certain countersignature requirements; exemption

1326

JOURNAL OF THE HOUSE,

HB 946 Merit sya; cert officers & emp; Selective Service registration HB 1088 Employees' Retirement; cert court secretaries; creditable service HB 1103 Employees' Retirement; cert full-time temp serv; creditable serv HB 1116 Income tax; health insurance deduction; self-employed HB 1593 Trout streams; buffer requirement variances; amend provisions HB 1620 Motor vehicle insurance; cancellation and renewal HB 1641 Torts; chiropractors; certain voluntary services HB 1667 Income tax; certain tax credits; tier 1 counties HB 1674 Atlanta Court Division; Fulton Superior Court; pilot program HB 1683 Used motor vehicles; certain display on property; prohibit
HR 931 "The Captain Bobbie Brown Highway"; designate HR 995 Migrant farm workers; urge U. S. DOL to ensure adequate number HR 1000 Stroke Awareness Month; declare May, 1998; create study committee HR 1066 Joint Highway Safety Study Committee; create HR 1092 Pearl Harbor Memorial Highway; designate HR 1097 "Davis Love III Highway"; designate HR 1101 "C. W. Bradley Highway"; designate HR 1102 Charles A. Pannell, Sr., Highway; designate
SB 644 Senate Districts 3 & 6 - description - (Boshears of the 6th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1630.

By Representatives Orrock of the 56th, Ashe of the 46th, Irvin of the 45th, Davis of the 48th, Holmes of the 53rd and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change provisions relating to the duration of zones created for mixed use residential and commercial purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1792. By Representative Massey of the 86th:
A bill to amend an Act re-creating the Board of Commissioners of Barrow County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 3, 1998

1327

HB 1793.

By Representative Skipper of the 137th:
A bill to amend an Act providing for the election of the Sumter County Board of Education, so as to provide for the election of the members of the board in nonpartisan elections without prior nonpartisan primaries.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1801.

By Representatives Mueller of the 152nd, Pelote of the 149th, Thomas of the 148th and Stephens of the 150th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1809.

By Representatives DeLoach of the 172nd, Tillman of the 173rd, Barnard of the 154th and Mosley of the 171st:
A bill to provide that no constitutional officer of Liberty County shall receive a fee, commission, or other compensation for the discharge of the duties of his or her office other than the salaries authorized by 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 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1810.

By Representatives DeLoach of the 172nd, Tillman of the 173rd, Barnard of the 154th and Mosley of the 171st:
A bill to amend an Act entitled "An Act creating the office of tax commis sioner of Liberty County," so as to change the method of compensating 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 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

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JOURNAL OF THE HOUSE,

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

SB 683. By Senators Stair of the 44th and Glanton of the 34th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, as amended, so as to provide for qualifications for the chief magistrate and magistrates and the terms thereof.

SB 685. By Senator Blitch of the 7th:
A bill to provide for the compensation of the board of education of Clinch County; to provide an effective date.

HB 1725.

By Representatives Wiles of the 34th, Parsons of the 40th, Bradford of the 30th 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.

HB 1732. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.

HB 1733. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act creating a new charter for the City of Homeland in Charlton County, so as to change the corporate limits of the city.

HB 1735.

By Representative Porter of the 143rd:
A bill to amend an Act reconstituting the Board of Education of the City of Dublin, so as to change the provisions relating to per diem compensation of members of the board.

HB 1736.

By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.

HB 1742. By Representative Parrish of the 144th: A bill to provide a new charter for the City of Stillmore.

HB 1744.

By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.

TUESDAY, MARCH 3, 1998

1329

SB 676. By Senators Cheeks of the 23rd and Gillis of the 20th:
A bill to amend an Act incorporating the City of Stapleton (formerly the Town of Spread), as amended, so as to change the corporate limits of the city.

SB 630. By Senators Turner of the 8th, Land of the 16th, Perdue of the 18th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to merge the provisions of Chapter 3 thereof, relating to municipal elections and primaries, into the provisions of Chapter 2 thereof, relating to elections and primaries generally; to delete certain provisions ren dered superfluous by the foregoing; to amend the Official Code of Georgia Annotated to correct certain cross-references; to provide for related matters; to provide an effective date.

SB 467. By Senators Clay of the 37th, Cagle of the 49th and Lamutt of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relat ing to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation for probationers who have committed crimes against children.

SB 643. By Senator Boshears of the 6th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to provide that certain leasehold interests shall not be exempt from certain taxes or assessments; to provide an effective date.

HB 1549.

By Representatives Porter of the 143rd, Barnes of the 33rd, Martin of the 47th and Bordeaux of the 151st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize the Attorney General to bring judicial actions to enforce laws relating to open and public meetings and public records.

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

HB 1299.

By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, relating to instructors in driver training and operators of driver train ing schools, so as to change certain provisions relating to exceptions from operation of chapter.

HB 1609.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to amend an Act creating a new charter for the City of Albany, so as to provide for staggered terms of office of four years for the mayor and city commissioners.

1330

JOURNAL OF THE HOUSE,

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

HB 1268.

By Representatives Holmes of the 53rd, Hecht of the 97th, Hudson of the 120th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment.

HB 1516.

By Representatives Birdsong of the 123rd, Smith of the 175th, DeLoach of the 172nd and others:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard.

HB 1178.

By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Anno tated, relating to penalty and interest on failure to file a return or pay reve nue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to provide for an effective date.

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

SB 467. By Senators Clay of the 37th, Cagle of the 49th and Lamutt of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relat ing to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation for probationers who have committed crimes against children.
Referred to the Committee on Judiciary.

SB 630. By Senators Turner of the 8th, Land of the 16th, Perdue of the 18th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to merge the provisions of Chapter 3 thereof, relating to municipal elections and primaries, into the provisions of Chapter 2 thereof, relating to elections and primaries generally; to delete certain provisions ren dered superfluous by the foregoing; to amend the Official Code of Georgia Annotated to correct certain cross-references; to provide for related matters; to provide an effective date.

March 3, 1998
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross Senate Bill Number 630. This notice is made prior to or upon reading the bill the first time.

TUESDAY, MARCH 3, 1998

1331

/s/ Bob Irvin Representative 45th District
Referred to the Committee on Governmental Affairs.

SB 643. By Senator Boshears of the 6th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Jekyll Island--State Park Authority, so as to provide that certain leasehold interests shall not be exempt from certain taxes or assessments; to provide an effective date.
Referred to the Committee on Ways & Means.

SB 676. By Senators Cheeks of the 23rd and Gillis of the 20th:
A bill to amend an Act incorporating the City of Stapleton (formerly the Town of Spread), as amended, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 683. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, as amended, so as to provide for qualifications for the chief magistrate and magistrates and the terms thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 685. By Senator Blitch of the 7th:
A bill to provide for the compensation of the board of education of Clinch County; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 995. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution urging the Congress of the United States and the United States Department of Labor to take appropriate action to ensure an adequate num ber of migrant farm workers to assist the farmers of the United States in the coming season.

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

Y Alien YAndenon YAshe Y Bailey

Y Bannister Y Barfoot Y Barnard
Barnes

Y Bates Y Benefield Y Biidsong
Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown
Buck Y Buckner

1332

JOURNAL OF THE HOUSE,

YBunn Y Buikhalter YByrd YCampbeU Y Canty YCash
Channell
YChiMere YClaik YCoan Y Coleman, B
Coleman, T Y Cornell Y Cooper Y Crawford Y Crews
Culbreth Y Cummings
Davis, G Y Davit, M YDay Y DeLoach, B Y DeLoach, G YDix YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett
Felton

Y Floyd Y Franklin Y Golden Y Graves YGreene Y Grindley
Hammontree Y Manner Y Harbin Y Heard YHecht
Heckstall YHegBtrom YHenson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkim Y Johnson Y Johnston
Jones Y Joyce YKaye

YLadd YLakly YLane YLee Y Lewis
Lord Y Lucas Y Maddoi
Mann Manning Y Martin, J Y Martin, J.L YMassey McBee YMcCall McClinton McKinney YMills Y Mobley Y Mosley Y Mueller O'Neal Orrock YParham YParrish Parsons Pelote Y Perry Y Pinholster YPoag Polak Y Ponder

Y Porter Y Powell YPurcell
YRagas Randall
YRay Y Reaves YReichert YRice
Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett EScheid Y Scott
Shanahan Shaw 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

YSmyre E SneUing YSnow
YStaUings YStancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas YTUlman
Y Titus Y Tolbert YTrenm
Turnquest
Twiggs Walker, L Walker, R.L Watson
YWest Y Westmorland
Whitaker Wiles Y Williams, B Williams, J Y Williams, R Y Worthan 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 Shanahan of the 10th and McBee of the 88th 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 1116.

By Representatives Golden of the 177th, Jamieson of the 22nd, Royal of the 164th, Floyd of the 138th and Barfoot of the 155th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to computation of Georgia taxable net income, so as to provide for a deduction with respect to certain health insurance costs of self-em ployed individuals.

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

Y Alien YAnderson
YAshe Y Bailey Y Bannister Y Barfoot Y Barnard
Baraes Y Bates Y Benefleld YBirdsong
Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges

Y Brooks
Brown Buck
YBuckner YBunn Y Burkhalter YByrd
Y Campbell Y Canty YCash
Channell Y Childers Y Clark YCoan
Y Coleman, B Coleman, T

YConneU Y Cooper Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
YDU YDiion
YDobbs Y Dukes YEhrhart

YEpps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golden
Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht Y Heckstall

YHegstrom YHenson Y Holland
Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson Y Jenkins
Johnson

TUESDAY, MARCH 3, 1998

1333

YJohnston YJonee Y Joyce YKaye YLadd YLakly YLane
YLee Y Lewis
Lord LUCAS YMaddox YMann Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton

McKinney Y Mills Y Mobley YMoaley Y Mueller YO'Neal
Orrock YPaiham
YParrish Pareone
YPelote Y Perry Y Pinholster
YPoag Polak
Y Ponder Y Porter YPoweU YPurceU
Ragas

Randall
Bay Y Reaves YReichert YRice Y Richardson Y Roberta Y Rogers Y Royal Y Sanders
YSauder YScarlett EScheid
Y Scott Shanahan
Shaw YSherrill YShipp
Sima 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 ESnelling YSnow YStallings Y StancU, F Y StancU, S
Stanley, L Y Stanley, P
Stephens Y Taylor
Teague YTeper

Y Thomas YTUlman Y Titus Y Tolbert YTrenae
Turnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson YWest Y Westmoreland
Whi taker Wiles Y Williams, B Y Williams, J y Williams, R YWorthan YYates Murphy, Spkr

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

Representative Shanahan of the 10th 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 Bill of the House, having been previously read was again taken up for consideration:

HB 1672.

By Representative Holmes of the 53rd:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Anno tated, relating to the approval of tax digests when assessments are in arbitra tion or on appeal, so as to provide that a county may have no more than 3 percent of the total assessed value of the total taxable tangible digest of the county in dispute or 3 percent of the total number of parcels of property in dispute for approval of the tax digest.

Representative Jamieson of the 22nd moved that HB 1672 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Y Alien
YAnderson NAshe
Bailey N Bannister YBarfoot N Barnard NBarnes N Bates YBenefield YBirdsong
Bohannon Y Bordeaux N Bradford NBreedlove N Bridges Y Brooks N Brown
Buck YBuckner YBunn N Burkhalter YByrd

N Campbell Y Canty NCash
Y Channell Y Childers N Clark NCoan
Y Coleman, B Coleman, T
Y Cornell N Cooper Y Crawford N Crews N Culbreth Y Cummings YDavis,G NDavis, M NDay N DeLoach, B NDeLoach, G
Dix NDixon
YDobbs

Y Dukes NEhrhart
YEpps Evans
NEverett YFelton YFloyd N Franklin
Y Golden N Graves YGreene N Grindley N Hammontree YHanner N Harbin Y Heard YHecht
Heckstall N Hegstrom
Henson Y Holland Y Holmes Y Houston

Y Howard N Hudgens Y Hudson, H
Y Hudson, N Y Hugley NIrvin
N Jackson Y James Y Jamieson YJenkins
Johnson N Johnston N Jones N Joyce NKaye NLadd YLakly NLane YLee N Lewis YLord Y Lucas N Maddox

NMann N Manning
N Martin, J N Martin, J.L NMassey YMcBee YMcCall
McClinton Y McKinney N Mills Y Mobley Y Mosley N Mueller YO'Neal N Orrock Y Parham YParrish N Parsons Y Pelote Y Perry
N Pinholster YPoag Y Polak

1334

JOURNAL OF THE HOUSE,

N Ponder Y Porter YPowell YPurcell YRaga* YRandall
Ray Y Reaves YReichert NRice Y Richardson Y Roberta Y Rogers

Y Royal N Sanders NSauder N Scarlett E Scheid N Scott YShanahan Y Shaw Y Sherrill NShipp Y Sims Y Sinkfield Y Skipper

N 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 Y Snow Y Stallings Y Stancil, P N Stancil, S

Stanley, L Y Stanley, P N Stephens Y Taylor Y Teague Y Teper Y Thomas
Tillman N Titus N Tolbert Y Trense
Turnquest Twiggs

Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland N Whitaker N Wiles Y WiUiams, B
Williams, J N Williams, R N Worthan N Yates
Murphy, Spin-

On the motion, the ayes were 89, nays 73. The motion prevailed.

HB 1088.

By Representatives Stallings of the 100th and West of the 101st:
A bill to amend Code Section 47-2-264 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System of Geor gia by secretaries of superior court judges and district attorneys, so as to provide for creditable service for certain prior service.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for secre taries of appellate court judges, superior court judges, and district attorneys for certain prior service; to provide for the transfer or payment of employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employ ees' Retirement System of Georgia, is amended by inserting immediately following Code Section 47-2-244 the following:
"47-2-245.
(a) Any member who became a member by operation of Code Section 47-2-242 or 47-2-243 shall be eligible to obtain creditable service for all prior service as an officer or employee of a state court judge while covered by a retirement or pension system oper ated by a county for county employees if such person has not yet begun receiving a retirement or disability benefit from such retirement or pension system. (b) To obtain creditable service under this Code section, the member must apply to the board of trustees not later than December 31, 1998, or within six months after becoming a member, whichever date is later, and must provide such evidence of such prior service as the board deems necessary. Upon notification in writing by the board of trustees of this retirement system, the board of trustees or other managing body of the local retire ment or pension system shall transfer to this retirement system accumulated employee contributions and accumulated interest which have been credited by the local retirement or pension system to each employee and have not been withdrawn, and thereafter such person shall not be entitled to receive a benefit from such local retirement or pension system. The member shall pay to the board of trustees of this retirement system any employee contributions which have been paid to the local retirement or pension system by or on behalf of each employee and have been withdrawn from the local retirement or pension system, plus interest thereon at the rate of 5 percent per annum.

TUESDAY, MARCH 3, 1998

1335

(c) Upon receipt of the funds provided for in subsection (b) of this Code section, the trustees shall grant to the member such creditable service as such amount will provide without creating any accrued liability, as a result of granting such creditable service, against this retirement system. If the amount of creditable service so obtained is less than the actual number of years of eligible service, the member is authorized, but not required, to obtain the difference by paying to the board of trustees an amount suffi cient to grant such creditable service without creating any accrued liability, as a result of granting such creditable service, against this retirement system."
SECTION 2. Said chapter is further amended by inserting at the end of Code Section 47-2-264, relating to membership in such retirement system by secretaries of superior court judges and dis trict attorneys, the following:
"(c) Any member who became a member by operation of this Code section shall be eligi ble to obtain creditable service for all prior service as a secretary of a state court judge while covered by a retirement or pension system operated by a county for county employees if such person has not yet begun receiving a retirement or disability benefit from such retirement or pension system. To obtain such creditable service, the member must apply to the board of trustees not later than December 31, 1998, or within six months after becoming a member, whichever date is later, and must provide such evi dence of such prior service as the board deems necessary. Upon notification in writing by the board of trustees of this retirement system, the board of trustees or other manag ing body of the local retirement or pension system shall transfer to this retirement sys tem accumulated employee contributions and accumulated interest which have been credited by the local retirement or pension system to each employee and have not been withdrawn, and thereafter such person shall not be entitled to receive a benefit from such local retirement or pension system. The employee shall pay to the board of trustees of this retirement system any employee contributions which have been paid to the local retirement or pension system by or on behalf of each employee and have been with drawn from the local retirement or pension system, plus interest thereon at the rate of 5 percent per annum. Upon receipt of the funds so transferred, the board of trustees shall grant to the member such creditable service as such amount will provide without creating any accrued liability, as a result of granting such creditable service, against this retirement system. If the amount of creditable service so obtained is less than the actual number of years of eligible service, the member is authorized, but not required, to obtain the difference by paying to the board of trustees an amount sufficient to grant such creditable service without creating any accrued liability, as a result of granting such creditable service, against this retirement system."
SECTION 3. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law;" otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Alien YAndenon YAahe Y Bailey

Y Bannister Y Bartoot Y Barnard
Baraes

Y Bates Y Benefield Y Birdsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown
Buck Y Buckner

1336

JOURNAL OF THE HOUSE,

Bunn YBurkhalter YByrd Y Campbell Y Canty
Cash Y Channel! YChilders Y Clark
Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews
Culbreth Y Cummings YDavis, G YDavis, M YDay Y DeLoach, B YDeLoach, G YDix
Dizon
YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton

YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Banner Y Harbin
Y Heard YHecht
Heckstall
YHegstrom Henson Holland
Holmes Y Houston Y Howard
Hudgens Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James Jamieson
Y JenUns Johnson Johnston
Y Jones Y Joyce YKaye

YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas YMaddoz YMann
Y Mailing
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
Ponder

Porter Y Powell
Purcell
YRagas Y Randall
Ray Y Reaves YReichert
Rice Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett EScheid Y Scott YShanahan 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 Stalling YSnow Y Stalling! YStancil,F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus YTolbert YTrense
Tumquest YTwiggs
Walker, L
Y Walker, R.L Y Watson
YWest Y Westmoreland YWhitaker
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 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Repiesentatives Cash of the 108th 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 1103.

By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-96.1 of the Official Code of Georgia Anno tated, relating to creditable service in the Employees' Retirement System of Georgia for certain prior service, so as to authorize up to ten years of credit able service for certain temporary full-time employment by the legislative branch of state government.

The following Committee substitute was read and adopted:

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 ser vice, so as to authorize up to ten years of creditable service for certain temporary full-time employment by the legislative branch of state government; to provide for employee contri butions; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is

TUESDAY, MARCH 3, 1998

1337

amended by striking in their entirety subsections (b) and (d) and inserting in lieu thereof, respectively, the following:
"(b) Any member who was rendering rendered temporary full-time service immediately prior to becoming a permanent full-time employee eligible for membership in the retire ment system may obtain no more than five ten years of creditable service for such ser vice on a month-for-month basis, subject to the following requirements:
(1) One month of creditable service shall be granted for each 20 days of port time temporary full-time service, not to exceed 12 months of creditable service for all pnrttie temporary full-time service rendered during any single calendar year, and pro vided that no creditable service shall be granted for less than 60 days of part-time service during a calendar year; and (2) The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement sys tem if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the part-time temporary fulltime service which is claimed as creditable service together with regular interest thereon." "(d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1007 1999."
SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been con currently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes Y Bates
Benefield YBirdsong YBohannon Y Bordeaux
Bradford YBreedlove Y Bridges Y Brooks Y Brown
Buck YBuckner
Bunn Y Burkhalter
YByrd Y Campbell
Canty YCash Y Channel!
Y Childen Y Clark YCoan

Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Crawford Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix
Diion
YDobbs Y Dukes
Ehrhart YEpps Y Evans Y Everett Y Felton
YFloyd Y Franklin
Y Golden Y Graves YGreene
Y Grindley Y Hammontree YHanner

Y Harbin Y Heard
Hecht Heckstall
Y Hegstrom Henson
Y Holland
Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N
Y Hugley Ylrvin
Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee Y Lewis YLord

Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney YMills 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 YPowell YPurcell YRagas

YRandall Ray
Y Reaves Y Reichert YRice
Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett EScheid
Y Scott Shanahan Shaw
Y SherriU YShipp
Sims Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.E Y Smith, P Y Smith, T Y Smith, V YSmyre YSnelling

1338

JOURNAL OF THE HOUSE,

YSnow Y Stalling! YStancil, F YStancU, S
Stanley, L Y Stanley, P

Y Stephens Y Taylor YTeague YTepei YThomaa YTUlman

YTitu. YTolbert YTrense
Turnquest
YTwiggs Y Walker, L

Y Walker, R.L YWataon YWert Y Westmoreland YWhitakei Y Wiles

Y Williams, B Y Williams, J
Y William*, R
Y Worthan
YYatee Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Hecht of the 97th 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 12:45 o'clock this afternoon.

TUESDAY, MARCH 3, 1998

1339

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

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

HR 1196. By Representative Cash of the 108th:
A resolution commending Mr. Fletcher Wolfe and inviting him to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 1197. By Representatives Roberts of the 162nd and Holland of the 157th: A resolution honoring the life of Mr. J. W. Austin, Sr.

HR 1198. By Representative Parham of the 122nd: A resolution recognizing and commending Dr. James E. Baugh.

HR 1199. By Representatives Henson of the 65th, Brooks of the 54th, Jones of the 71st, Ragas of the 64th, McKinney of the 51st and others:
A resolution commending Chuck Burris.

HR 1200. By Representatives Sauder of the 29th, Shipp of the 38th, Parsons of the 40th, Cooper of the 31st, Franklin of the 39th and others:
A resolution commending Mike Worley.

HR 1201.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 338 in Bacon County as the Adolph C. Johnson Road and urging that a sign be erected below the official name of Corinth Church Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of Adolph C. Johnson".

HR 1202.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 226 in Bacon County as the James M. Lee Road and urging that a sign be erected below the official name of Goldfish Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of James M. Lee".

HR 1203.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 259 in Bacon County as the Titus Lavon Altman Road and urging that a sign be erected below the official name of Springfield Church Road given by the board of commissioners of Bacon County which would read as follows: "In Honor of Titus Lavon Altman".

1340

JOURNAL OF THE HOUSE,

HR 1204.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 323 in Bacon County as the Winford R. Boatright Highway and urging that a sign be erected below the official name of Johnson Lake Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of Winford R. Boatright".

HR 1205.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 328 in Bacon County as the William E. Young Road and urging that a sign be erected below the official name of Old Dixie School Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of William E. Young".

HR 1206.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 119 in Bacon County as the Robert Milton Lee Road and urging that a sign be erected below the official name of the Old Alma-Waycross Highway which would read as follows: "In Honor of Robert Milton Lee".

HR 1207. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 329 in Bacon County as the Frank S. Boatright Road.

HR 1208. By Representatives Martin of the 47th and Snow of the 2nd:
A resolution honoring and wishing Brandon Cline a happy 22nd birthday and commending him for his outstanding achievements.

HR 1209. By Representative Pelote of the 149th: A resolution commending Elijah Johnson.

HR 1210. By Representatives Coleman of the 142nd and Hudson of the 156th: A resolution commending Mr. Ben Jessup.

HR 1211. By Representative Reichert of the 126th: A resolution recognizing and commending Patricia Lynn Laurens.

HR 1212. By Representative Jenkins of the 110th: A resolution recognizing and commending Catherine Sarah Stroupe.

HR 1213.

By Representatives Ehrhart of the 36th, Wiles of the 34th, Cooper of the 31st, Shipp of the 38th, Bradford of the 30th and others:
A resolution commending and congratulating the McEachern High School Wrestling Team.

HR 1214. By Representatives Howard of the 118th, Connell of the 115th, Brooks of the 54th, Williams of the 114th, Alien of the 117th and others:
A resolution recognizing Professional Social Work Centennial Month.

TUESDAY, MARCH 3, 1998

1341

HR 1215. By Representative Reichert of the 126th: A resolution recognizing and commending Tiffany Lucile Thompson.

HR 1216. By Representatives Roberts of the 162nd and Holland of the 157th: A resolution honoring the life of Mr. Thomas Eugene "BoJack" Outlaw.

HR 1217.

By Representatives Holmes of the 53rd, Scheid of the 17th, Smith of the 109th, Roberts of the 162nd and Davis of the 48th:
A resolution declaring March 2, 1998, as "Safe Drivers' Awareness Day" and urging all drivers to observe all driver safety laws and to exercise reasonable caution and good judgment while driving.

HR 1218.

By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution commending the Eagle's Landing Middle School 1997-1998 Wrestling Team and coaching staff.

HR 1219. By Representatives Smith of the 109th, Murphy of the 18th, Lee of the 94th, Yates of the 106th, Sanders of the 107th and others:
A resolution commending Quimby Melton, Jr.

HR 1220. By Representative Westmorland of the 104th: A resolution recognizing and commending Eagle Scout Christopher Dunn.

HR 1221. By Representative Westmoreland of the 104th:
A resolution commending the Home Builders Association of Midwest Geor gia.

HR 1222. By Representative Westmoreland of the 104th: A resolution recognizing and commending Eagel Scout Nicholas Dunn.

The Speaker assumed the Chair.

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

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.

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:

1342

JOURNAL OF THE HOUSE,

Alien YAndetaon YAshe
Bailey Bannister YBarfoot YBarnard Barnei Batn YBenefield YBirdsong Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Brooks Y Brown Buck YBuckner Bunn Burkhalter YByrd Y Campbell Y Canty Cash YChannell YChilden Clark YCoan YColeman, B Coleman, T YConnell Y Cooper YCrawford Crews

Y Culbreth Y Cummings Y Davis, G
Davis.M Day DeLoach, B YDeLoach,G Dix Dixon YDobbe Dukes YEhrhart YEppa Y Evans
YEverett YFelton YFloyd Y Franklin Y Golden
Graves YGreene YGrindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckatall YHegatrom
Henson Y Holland Y Holmes Y Houston
Howard YHudgens
Hudson, H

Y Hudson, N YHugley Ylrvin
Jackaon Y James
Jamieson Jenkins Johnson Y Johnston Jones Y Joyce Kaye YLadd YLakly Lane YLee Y Lewis YLord Y Lucas YMaddoi Mann Y Manning Y Martin, J Martin, J.L YMaasey YMcBee YMcCall Y McCUnton McKinney Y Mills Y Mobley YMosley Mueller YO'Neal Orrock Parham

YParrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak E Ponder
Porter Y Powell
Purcell YRagas YRandaU
Ray Y Reaves Y Reichert YRice
Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett EScheid Y Scott Y Shanahan YShaw YSherrill YShipp YSims
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
Smyre YSnelling
Snow Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Stephens Y Taylor Teague Teper Thomas YTillman Titus Y Tolbert YTrense Tumquest Twiggs Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Williams, J Y Williams, R YWorthan YYates Murphy, Spkr

On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1641.

By Representative Barnes of the 33rd:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Anno tated, relating to liability of voluntary health care providers and sponsoring organizations, so as to provide for an exemption from liability under certain circumstances for chiropractors who provide voluntary health care services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HR 1066. By Representatives Smith of the 103rd, Benefield of the 96th, Walker of the 141st, Irvin of the 45th, Twiggs of the 8th and others:
A resolution creating the Joint Highway Safety Study Committee.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 1066 by striking the word "ten" and insert ing in lieu thereof the word "five" on line 22 of page 2.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

TUESDAY, MARCH 3, 1998

1343

On the adoption of the Resolution, as amended, the ayes were 91, nays 7. The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 931. By Representatives Porter of the 143rd, Coleman of the 142nd and Barfoot of the 155th: A resolution designating State Highway 19 in Laurens County as "The Cap tain Bobbie Brown Highway".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 101, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SB 644. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of Senate districts 3 and 6; to provide for related matters; to provide for effective dates and 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:

Alien Y Andersen YAflhe
Bailey Y Bannister Y Barfoot Y Barnard
Barnes Bates YBenefield YBirdaong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Brown Buck Buckner Bunn Y Burkhalter YByrd Y Campbell
Canty YCash Y Channel! YChilden Y Clark YCoan Y Coleman, B
Coleman, T Connell
Y Cooper Y Crawford
Crews

Y Culbreth Y CummingB
Davfe, G Y Davis, M YDay Y DeLoacb, B NDeLoach, G YDix
Dixon
YDobbs Dukes Ehrhart
YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens
Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye
Ladd YLakljr
YLane YLee Y Lewis YLord
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
Mueller YO'Neal YOrrock YParham

Parrish Y Parsons Y Pelote
Perry Y Pinholster YPoag YPolak E Ponder Y Porter Y Powell YPurcell YRagss YRandall
Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers YRoyal
Sanders
Y Sauder YScarlett E Scheid Y Scott Y Shanahan
YShaw Sherrill
YShipp YSims
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

On the passage of the Bill, the ayes were 141, nays 2.

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephens Y Taylor Teague YTeper Thomas YTillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Y Watson YWest Y Westmoreland Y Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Worthan Y Yates
Murphy, Spkr

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JOURNAL OF THE HOUSE,

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

HR 1097. By Representatives Scarlett of the 174th and Tillman of the 173rd:
A resolution commending Davis Love III and designating a portion of 1-95 as the "Davis Love III Highway".

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

Alien Y Andersen
YAahe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes Bates Y Benefield YBirdsong Y Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown Buck Y Buckner YBunn Y Burkhalter YBjnd Y Campbell Y Canty YCash YChannell Y Childers Clark YCoan Y Coleman, B Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cumminga Y Davis, G Y Davis, M
Day DeLoach, B Y DeLoach, G YDii YDUon YDobbs Y Dukes YEhrhart Epps Y Evans
YEverett Y Felton YFloyd Y Franklin Y Golden Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H

Y Hudson, N Y Hugley
Irvin
Y Jackson Y James
Jamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce
Kaye YLadd
Lakly YLane YLee Y Lewis YLord
Lucas YMaddox 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 YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak
E Ponder Y Porter Y Powell YPurcell
YRagas YRandall
YRay Y Reaves Y Reichert YRice
Richardson
Y Roberts Y Rogers
Royal Y Sanders Y Sauder Y Scarlett E Scheid
Y Scott Shanahan
YShaw YSherriU YShipp YSims Y Sinkfield
Skipper Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P
Y Smith, T Y Smith, V YSmyre
SneUing YSnow YStallings Y Stancil, F
Stancil, S Y Stanley, L
Stanley, P Y Stephens Y Taylor
Teague YTeper
Thomas Y Tillman Y Titus Y Tolbert YTrense
Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles
Williams, B Y Williams, J Y Williams, R
Worthan Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

HR 1000.

By Representatives Mobley of the 69th, Teague of the 58th, McClinton of the 68th, Henson of the 65th, Anderson of the 116th and others:
A resolution requesting the Governor to declare May, 1998, as Stroke Aware ness Month in Georgia; creating the Joint Study Committee on the Impact of Strokes on Georgia's Citizens.

The following amendment was read and adopted:

TUESDAY, MARCH 3, 1998

1345

Representatives Bohannon of the 139th and Mobley of the 69th move to amend HR 1000 as follows:
By changing the word "two" to "three" on line 1, page 2, and by deleting lines 2 through 9 on page 2 and substituting in lieu thereof the following:
"appointed by the President of the Senate and three members of the House of Repre sentatives to be appointed by the Speaker of the House with both the President of the Senate and the Speaker of the House to give special consideration to appointing at least one African American member as one of his appointees, respectively, and with the Speaker designating one of his appointees as chairperson of the Committee. The chair person shall call all meetings of the Committee."
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Alien
YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Barne* Y Bates YBenefield YBirdsong Y Bohannon Y Bordeaux
Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
Buck Y Buckner YBunn YBurkhalter YByrd Y CampbeU Y Canty YCash YChannell Y Childen Y Clark YCoan Y Coleman, B
Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununings Y Davu, G Y DaTM, M YDay
DeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstaU YHegstrom YHenson Y Holland Y Holmes Y Houston Y 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 Joyce
YKaye YLadd
Lakly YLane YLee Y Lewis YLord
Lucas YMaddoi YMann YManning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley
YMosley Y MueUer YO'Neal YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry
Pinholster YPoag YPolak E 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 EScheid Y Scott Y Sbanahan YShaw YSherriU 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague Teper Y Thomas YTiUman Y Titus Y Tolbert YTrense Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest 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, as amended, the ayes were 162, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Due to a mechanical malfunction, the vote of Representative Barnes of the 33rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1674.

By Representative Martin of the 47th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration.

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JOURNAL OP THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration; to provide for judges and their appointment, designation, and terms; to provide for district attorneys, a clerk, probation officers, and other employees; to authorize agreements with other courts and agencies for the assignment of personnel to such court; to authorize the Attorney General to appoint attorneys to represent the Department of Human Resources in such court; to authorize the chief judge of the superior court to require family court judges to complete a planned pro gram of instruction; to provide for jurisdiction, authority, powers, and duties of the family court division; to provide for expenses; to provide for reports; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by inserting a new chapter, to be designated Chapter 11A, to read as follows:
"CHAPTER 11A
15-11A-1. There is hereby authorized a Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project pursuant to authority granted by Article VI, Section I, Paragraph X of the Georgia Constitution.
15-11-A-2.
The Family Court Division of the Superior Court of Fulton County, sometimes referred to in this chapter as the family court division and the superior court, respectively, shall exist as a pilot project of limited duration from July 1, 1998, until July 1, 2001, and shall have the powers, rules of practice and procedure, and selection, qualifications, and terms of judges of the superior court and as duly adopted by the superior court for the family court division.
15-11A-3. (a) The chief judge of the superior court shall designate two judges of the superior court to sit as judges of the family court division for terms of up to three years and shall des ignate successors for terms of up to three years. In addition, the chief judge of the supe rior court may designate one or more judges of the superior court to sit as judges of the family court division on a standby basis for terms of up to three years. (b) The chief judge of the superior court may require the family court division judges to complete a planned program of instruction in family law, psychology, family dynam ics, child development, nonadversarial techniques, and working with diverse populations.
15-11A-4. (a) The district attorney of the Atlanta Judicial Circuit is authorized to designate one or more assistant district attorneys to serve in the family court division. (b) The clerk of the superior court or such clerk's designee shall serve as the clerk of the family court division. (c) The chief judge of the Atlanta Judicial Circuit shall designate probation officers and other employees of the Atlanta Judicial Circuit to perform duties for the family court division. Such employees shall perform duties as directed by the judges of the family court division. (d) The chief judge of the Atlanta Judicial Circuit may enter into agreements with other courts and agencies for the assignment of personnel from other courts or agencies to the Family Court Division of the Superior Court of Fulton County.

TUESDAY, MARCH 3, 1998

1347

(e) The Attorney General of Georgia may appoint attorneys to represent the Depart ment of Human Resources in the Family Court Division of the Superior court of Fulton County.
15-11A-5. (a) The family court division shall have the jurisdiction of the superior court and as provided in this Code section. (b) When a petition or case is filed in the superior court relating to divorce where issues affecting children are involved, including, but not limited to, child support, child cus tody, visitation, child abuse, child molestation, domestic violence, legitimacy, paternity, adoption, abandonment, or contempt or modification relative to such cases, the chief judge of the superior court or an intake case manager designated by such chief judge may assign the case to the family court division. The Superior Court of Fulton County, State Court of Fulton County, Juvenile Court of Fulton County, Probate Court of Ful ton County, Magistrate Court of Fulton County, and City of Atlanta Municipal Court are authorized to transfer ancillary cases related to the same family to the family court division. Such ancillary cases shall include but not be limited to any cases involving dep rivation, delinquency involving behavioral issues, truancy, unruliness, abandonment, neglect, or termination of parental rights cases pending in the Juvenile Court of Fulton County; cases involving domestic violence, abandonment, or child support enforcement cases pending in the State Court of Fulton County; adult or minor guardianship cases pending in the Probate Court of Fulton County; or domestic violence cases pending in the Magistrate Court of Fulton County or City of Atlanta Municipal Court. In addition, any child support enforcement case from the jurisdiction of the State of Georgia shall be considered an ancillary case subject to transfer to the family court division. Whenever a dispute arises between the family court division and another court in Fulton County as to whether a case is an ancillary case which should be transferred to the family court division, such case may be transferred to the family court division pursuant to an order for transfer issued by the chief judge of the Atlanta Judicial Circuit. (c) The judges of the family court division shall have the same authority, powers, and duties in the consideration and disposition of cases in the family court division as any judge of the Superior Court of Fulton County, State Court of Fulton County, Juvenile Court of Fulton County, Probate Court of Fulton County, Magistrate Court of Fulton County, or City of Atlanta Municipal Court.
15-11A-6. Expenses for salaries, equipment, or supplies incurred in implementing this chapter shall be paid from state funds appropriated for such purpose and from the funds of Fulton County.
15-11A-7. The Administrative Office of the Courts shall report annually regarding the activities of the family court division of the Superior Court of Fulton County to the chief judge of the Atlanta Judicial Circuit, the Chief Justice of the Georgia Supreme Court, the Gover nor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Judiciary Committees of the House of Representatives and the Sen ate. The Administrative Office of the Courts shall prepare for the same judicial officers and elected officials a comprehensive report within 180 days following July 1, 2001.
15-11A-8. This chapter shall become effective on July 1, 1998.
15-11A-9. This chapter shall be repealed in its entirety on July 1, 2001."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

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JOURNAL OF THE HOUSE,

Representatives Martin of the 47th and Campbell of the 42nd move to amend the Com mittee substitute to HB 1674 as follows:
By adding after the word "divorce" on line 8 of page 3

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

Y Alien Andenon
YAshe Y Bailey Y Bannister YBarfoot Y Barnard
Barnes Bates YBenefield YBirdBong YBohannon Y Bordeaux Y Bradford YBreedlove Y Bridges Y Brooks Y Brown Buck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash Y Channel! YChildera Y Clark YCoan YColeman, B Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cunnings
YDavis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G
YDfc YDizon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd E Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson
Y Holland Y Holmes Y Houston
HOW&TU Y Hudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce EKaye YLadd YLakly YLane YLee Y Lewis YLord
Lucas YMaddox YMann
Manning Y Martin, J Y Martin, J.L EMassey YMcBee YMcCall Y McClinton Y McKinney YMills Y Mobley Y Mosley Y MueUer
YOrrock YParham

YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak E Ponder Y Porter Y Powell YPureell YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett 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 Y Smith, V YSmyre YSnelling YSnow
Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper
Thomas Y Tillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson 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, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to a mechanical malfunction, the vote of Representative Barnes of the 33rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1593.

By Representatives Twiggs of the 8th, Murphy of the 18th, Whitaker of the 7th, Jackson of the 112th, Coleman of the 142nd and others:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, relating to control of soil erosion and sedimentation, so as to provide for certain changes in definitions and methods of granting variances applica ble to the buffer requirement for trout streams and other streams.

TUESDAY, MARCH 3, 1998

1349

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to con trol of soil erosion and sedimentation, so as to provide for certain changes in definitions and methods of granting variances applicable to the buffer requirement for trout streams and other streams; to revise certain exceptions to such buffers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by striking in its entirety Code Section 12-7-3, relating to definitions, and inserting in lieu thereof the following:
"12-7-3.
As used in this chapter, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Commission' means the State Soil and Water Conservation Commission. (3) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) 'District' means any one of the soil and water conservation districts of this state. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (6) 'Drainage structure' means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. (7) 'Erosion and sediment control plan' or 'plan' means a plan for the control of soil erosion and sediment resulting from a land-disturbing activity. (8) 'Issuing authority' means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8 and the division in those instances where an application for a permit is submitted to the division. (9) 'Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, trans porting, and filling of land but not including agricultural practices as described in par agraph (5) of Code Section 12-7-17. (10) 'Person' means any individual, partnership, firm, association, joint venture, pub lic or private corporation, trust, estate, commission, board, public or private institu tion, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity. (11) 'Primary trout waters' means waters in which a trout population actually spawns and reproduces but shall not include impoundments or watersheds thereof. fH)(12) 'Roadway drainage structure' means a device, such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. (13) 'Secondary trout waters' means streams capable of supporting a nonreproducing trout population throughout the year but shall not include impoundments or water sheds thereof. 'Soil and water conservation district approved plan' means an erosion and sediment control plan approved in writing by a soil and water conservation district ft3}(15) 'State waters' includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or sub surface water, natural or artificial, lying within or forming a part of the boundaries

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JOURNAL OF THE HOUSE,

of the state, which are not entirely confined and retained completely upon the prop erty of a single individual, partnership, or corporation. (16) 'Trout waters' means primary and secondary trout waters as defined in this Code section."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 12-7-6, relating to the minimum requirements for certain rules, regulations, ordinances, or resolutions, and inserting in lieu thereof the following:
"12-7-6.
(a)(l) Best management practices as set forth in subsection (b) of this Code section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the dis charge of storm water issued pursuant to subsection (f) of Code Section 12-5-30. As used in this subsection, the terms 'proper design' and 'properly designed' mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25 year rainfall event. (2) A discharge of storm-water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. (3) Failure properly to design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such failure occurs. (4) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. (b) The rules and regulations, ordinances, or resolutions adopted pursuant to this chap ter for the purpose of governing land-disturbing activities shall require, as a minimum, best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the 'Manual for Erosion and Sediment Control In Georgia' published by the State Soil and Water Conservation Com mission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: (1) Stripping of vegetation, regrading, and other development activities shall be con ducted in such a manner so as to minimize erosion; (2) Cut and fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected, and supple mented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

TUESDAY, MARCH 3, 1998

1351

(8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable;
(9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chap ter; (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills;
(11) Cuts and fills may not endanger adjoining property;
(12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;
(13) Grading equipment must cross flowing streams by the means of bridges or cul verts, except when such methods are not feasible, provided, in any case, that such crossings must be kept to a minimum;
(14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection (a) of this Code section;
(15) Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines te aHew that a variance that is at least as protective may be permitted by. the local issuing author ity unless the local issuing authority demonstrates that significant degradation of natural resources and the environment; where otherwise allowed by the difeeter pursuant te Code Section 12 2 8, will result or where present or future development plans require that a drainage structure or a roadway drainage structure aittst be constructed, provided that adequate erosion control measures approved by the local issuing author ity are incorporated in the project plans and specifications ancTare implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director local issuing authority as provided in this paragraph. The variance request may be considered by~the local issuing authority and may be granted unless the issuing authority demonstrates that significant degradation of natural resources and the environment will result. SuclTvariance requests shall be granted or denfeU within 30 days of the date received; and
(16) Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as 'trout streams' pursuant
te- Article 3 f Chapter 6 ef- this title trout waters unless a variance for such activity
is granted^ by the director except where present or future development plans require
that a roadway drainage structure must be constructed] -, provided^ however, that ade
quate erosion control measures approved b_ the county governing authority are incor
porated in the project plans and specifications and are implemented. The variance
request may be considered by the local issuing authority and may be granted unless
the local issuing authority demonstrates that significant degradation of natural
resources and the environment will result. Such variance requests shall be granted or
denied within 30 days of the date received.
(c) Nothing contained in this chapter shall prevent an issuing authority from adopting
rules and regulations, ordinances, or resolutions which contain requirements that exceed
the minimum requirements in subsections (a) and (b) of this Code section. The local
issuing authority of a county may by resolution delegate its authority to consider vari
ances from the buffer requirements of this Code section to the director, who thereupon
shall consider such variances in the manner prescribed in paragraphs (15) and (16) of
subsection (b) of this Code section.
(d) The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presump
tion of a violation of the standards provided for in this Code section or the terms of
the permit.

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(e) Notwithstanding any other provision of law to the contrary, neither the director nor any other person or entity empowered to grant a variance from the provisions of this Code section may require any person seeking such variance to provide anything of value or impose any requirement of any exchange of property or anything of value whatsoever in return for consideration or granting of such variance, and all requests for such vari ance shall be considered under the criteria set forth in this Code section. The director shall make specific written findings of fact in denying any such variance, itemizing those aspects of the variance request which fail to comply with the criteria of this Code sec tion and setting forth explicitly the manner in which those aspects fail so to comply."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-7-8, relating to certification of locality as issuing authority, and inserting in lieu thereof the following:
"(a) If a county or municipality has enacted ordinances which meet or exceed the stan dards, requirements, and provisions of this chapter and which are enforceable by such county or municipality, and if a county or municipality documents that it employs quali fied personnel to implement enacted ordinances, the director may shall certify such county or municipality as an issuing authority for the purposes of this chapter."
SECTION 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-7-9, relating to applications for permits, and inserting in lieu thereof the following:
"(b) No permit shall be issued to any applicant unless the Jawing authority offirmalively determines that the plan embracing such activities meets the requirements of Code Section 12-7-6."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 12-7-17, relating to exemptions from the provisions of Chapter 7 of such title, and inserting in lieu thereof the following:
"12-7-17.
(a) This chapter shall not apply to the following activities: (1) Surface mining, as the same is defined in Code Section 12-4-72; (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home land scaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a platted subdivision, a planned community, or an association of other residential lots consisting of more than twe 20 lots and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b) of Code Section 12-7-6. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as treat streams pursuant te Article 2 of Chapter 6 of this title trout waters. In any such buffer zone, no land-disturbing activity shall be con structed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances may be granted by. the local issuing authority to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizon tal feet, and no variance to a smaller buffer shall be granted. The minimum require ments of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the issuing authority;

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1353

(5) Agricultural operations as defined in Code Section 1-3-3 to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management prac tices, including harvesting; farm ponds; dairy operations; livestock and poultry man agement practices; and the construction of farm buildings; (6) Any project carried out under the technical supervision of the Soil and Water Conservation Service of the United States Department of Agriculture; (7) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes chan nels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regulating any such project which is not specifically exempted by paragraph (1), (2), (3), (4), (5), (6), (8), or (9) of this subsection; (8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Author ity, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; and (9) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction ef the PttWJe Service Commission, provided that any such land-disturbing activity shall conform to the minimum requirements set forth in Code Section 12-7-6. (b) Where subsection (a) of this Code section requires compliance with the minimum requirements set forth in Code Section 12-7-6, issuing authorities shall enforce compli ance with the minimum requirements as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Twiggs of the 8th, was read:

A BILL
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to con trol of soil erosion and sedimentation, so as to provide for certain changes in definitions and methods of granting variances applicable to the buffer requirement for trout streams and other streams; to revise certain exceptions to such buffers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by striking in its entirety Code Section 12-7-3, relating to definitions, and inserting in lieu thereof the following:
"12-7-3. As used in this chapter, the term:
(1) 'Board' means the Board of Natural Resources. (2) 'Commission' means the State Soil and Water Conservation Commission.

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(3) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) 'District' means any one of the soil and water conservation districts of this state.
(5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (6) 'Drainage structure' means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one
place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. (7) 'Erosion and sediment control plan' or 'plan' means a plan for the control of soil
erosion and sediment resulting from a land-disturbing activity. (8) 'Issuing authority' means the governing authority of any county or municipality
which is certified pursuant to subsection (a) of Code Section 12-7-8 and the division in those instances where an application for a permit is submitted to the division. (9) 'Land-disturbing activity' means any activity which may result in soil erosion from
water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, trans porting, and filling of land but not including agricultural practices as described in par agraph (5) of Code Section 12-7-17.
(10) 'Person' means any individual, partnership, firm, association, joint venture, pub lic or private corporation, trust, estate, commission, board, public or private institu tion, utility, cooperative, state agency, municipality or other political subdivision of
this state, any interstate body, or any other legal entity. (11) 'Primary trout waters' means waters in which a trout population actually spawns and reproduces.
{M)(12) 'Roadway drainage structure' means a device, such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on
one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. (13) 'Secondary trout waters' means streams capable of supporting a nonreproducing trout population throughout the year.
413K14) 'Soil and water conservation district approved plan' means an erosion and sediment control plan approved in writing by a soil and water conservation district.
ffi(15) 'State waters' includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or sub surface water, natural or artificial, lying within or forming a part of the boundaries
of the state, which are not entirely confined and retained completely upon the prop erty of a single individual, partnership, or corporation.
(16) 'Trout waters' means primary and secondary trout waters aji defined in this Code section."

SECTION 2. Said chapter is further amended by striking in its entirety Code Section 12-7-6, relating to the minimum requirements for certain rules, regulations, ordinances, or resolutions, and inserting in lieu thereof the following:
"12-7-6.
(a)(l) Best management practices as set forth in subsection (b) of this Code section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the dis charge of storm water issued pursuant to subsection (f) of Code Section 12-5-30. As used in this subsection, the terms 'proper design' and 'properly designed' mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25 year rainfall event.

TUESDAY, MARCH 3, 1998

1355

(2) A discharge of storm-water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. (3) Failure properly to design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30 for each day on which such failure occurs. (4) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. (b) The rules and regulations, ordinances, or resolutions adopted pursuant to this chap ter for the purpose of governing land-disturbing activities shall require, as a minimum, best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the 'Manual for Erosion and Sediment Control In Georgia' published by the State Soil and Water Conservation Com mission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: (1) Stripping of vegetation, regrading, and other development activities shall be con ducted in such a manner so as to minimize erosion; (2) Cut and fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected, and supple mented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable; (9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chap ter;
(10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills;
(11) Cuts and fills may not endanger adjoining property;
(12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;
(13) Grading equipment must cross flowing streams by the means of bridges or cul verts, except when such methods are not feasible, provided, in any case, that such crossings must be kept to a minimum;
(14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection (a) of this Code section;

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(15) Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines t attew that a variance that is at least as protective may be permitted by the local issuing author ity unless the local issuing authority demonstrates that significant degradation of nat ural resources and the environment; where otherwise allowed by the director purauant to Code Section 12-2-8, will result or where present or future development plans require that a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures approved by the local issuing author ity are incorporated in the project plans and specifications and are implemented; pro vided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director local issuing authority as provided in this paragraph^ The variance request may be considered by the local issuing authority and may be granted unless the issuing authority demonstrates that significant degradation of natural resources and the environment will result. Such variance requests shall be granted or denied within 30 days of the date received; and (16) Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as 'trout streams'- pursuant te Article 3 f Chapter ef this title trout waters unless a variance for such activity is granted^ by the director except where present or future development plans require that a roadway drainage structure must be constructed;? provided^ however, that ade quate erosion control measures approved bjr the county governing authority are incor porated in the project plans and specifications and are implemented. The variance request may be considered by the local issuing authority and may be granted unless the local issuing authority demonstrates that significant degradation of natural resources and the environment will result. Such variance requests shall be granted or denied within 30 days of the date received. (c) Nothing contained in this chapter shall prevent an issuing authority from adopting rules and regulations, ordinances, or resolutions which contain requirements that exceed the minimum requirements in subsections (a) and (b) of this Code section. The local issuing authority of a county may by resolution delegate its authority to consider vari ances from the buffer requirements of this Code section to the director, who thereupon shall consider such variances in the manner prescribed in paragraphs (15) and (16) of subsection (b) of this Code section. (d) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presump tion of a violation of the standards provided for in this Code section or the terms of the permit.
(e) Notwithstanding any other provision of law to the contrary, neither the director nor any other person or entity empowered to grant a variance from the provisions of this Code section may require any person seeking such variance to provide anything of value or impose any requirement of any exchange of property or anything of value whatsoever in return for consideration or granting of such variance, and all requests for such vari ance shall be considered under the criteria set forth in this Code section. The director shall make specific written findings of fact in denying any such variance, itemizing those aspects of the variance request which fail to comply with the criteria of this Code sec tion and setting forth explicitly the manner in which those aspects fail so to comply."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 12-7-8, relating to certification of locality as issuing authority, and inserting in lieu thereof the following:
"(a) If a county or municipality has enacted ordinances which meet or exceed the stan dards, requirements, and provisions of this chapter and which are enforceable by such county or municipality, and if a county or municipality documents that it employs quali fied personnel to implement enacted ordinances, the director may shall certify such county or municipality as an issuing authority for the purposes of this chapter] provided.

TUESDAY, MARCH 3, 1998

1357

however, that any such certification shall be subject to the provisions of subsection (c) of this Code section. (b) The districts or the commission or both shall periodically review the actions of coun ties and municipalities which have been certified as issuing authorities pursuant to sub section (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control pro gram. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The division may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administra tion and enforcement of a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to subsection (a) of this Code section has not administered or enforced its ordi nances or has not conducted the program in accordance with any agreement entered into pursuant to subsection (d) of Code Section 12-7-7, the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as an issuing authority. If the county or munici pality does not take necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as an issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as an issuing authority."
SECTION 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-7-9, relating to applications for permits, and inserting in lieu thereof the following:
"(b) No permit shall be issued to any applicant unless the issuing authority offirma tivcly determines that the plan embracing such activities meets the requirements of Code Section 12-7-6."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 12-7-17, relating to exemptions from the provisions of Chapter 7 of such title, and inserting in lieu thereof the following:
"12-7-17.
(a) This chapter shall not apply to the following activities: (1) Surface mining, as the same is defined in Code Section 12-4-72; (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home land scaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a platted subdivision, a planned community, or an association of other residential lots consisting of more than two 20 lots and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b) of Code Section 12-7-6. For single-family residence construction covered by the

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provisions of this paragraph, there shall be a buffer zone between the residence and any state waters claaaificd as troet streams pursuant te Article 2 ef- Chapter & ef this Me trout waters. In any such buffer zone, no land-disturbing activity shall be con structed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director nay grant variances may be granted by the local issuing authority to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizon tal feet, and no variance to a smaller buffer shall be granted. The minimum require ments of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the issuing authority; (5) Agricultural operations as defined in Code Section 1-3-3 to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management prac tices, including harvesting; farm ponds; dairy operations; livestock and poultry man agement practices; and the construction of farm buildings; (6) Any project carried out under the technical supervision of the Soil and Water Conservation Service of the United States Department of Agriculture; (7) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes chan nels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regulating any such project which is not specifically exempted by paragraph (1), (2), (3), (4), (5), (6), (8), or (9) of this subsection; (8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Author ity, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; and (9) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum requirements set forth in Code Section 12-7-6. (b) Where subsection (a) of this Code section requires compliance with the minimum requirements set forth in Code Section 12-7-6, issuing authorities shall enforce compli ance with the minimum requirements as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Dobbs of the 92nd, Evans of the 28th and Twiggs of the 8th move to amend the Floor substitute to HB 1593 as follows:
Page 6, line 11 change "30" to "60"

TUESDAY, MARCH 3, 1998

1359

Page 9, line 24 change "20" to "5".

The following amendment was read:
Representatives Evans of the 28th, Dobbs of the 92nd and Ashe of the 46th move to amend the Floor substitute to HB 1593 as follows: Page 7, line 28 strike "shall" and insert "may".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Andersen YAahe N Bailey N Bannister
NBarfoot N Barnard Y Banes
Bates NBenefleld NBirdsong N Bohannon Y Bordeaux N Bradford YBreedlove N Bridges Y Brooks Y Brown
Buck Y Buckner N Bunn YBurkhalter NByrd Y Campbell N Canty NCash NChannell YChilden Y Clark NCoan
Coleman, B N Coleman, T NConnell N Cooper N Crawford Y Crews

Y Culbreth N Cununings N Davis, G N Davis, M NDay
DeLoach, B NDeLoach, G NDix NDixon Y Dobbs N Dukes NEhrhart YEpps Y Evans NEverett YFelton NFloyd N Franklin N Golden Y Graves NGreene NGrindley N Hammontree N Manner N Harbin N Heard NHecht NHeckstall YHegstrom YHenson N Holland Y Holmes N Houston
Howard NHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
M Jackson N James
Jamieson Y Jenkins
Johnson N Johnston
Jones N Joyce NKaye NLadd NLakly YLane NLee N Lewis NLord N Lucas NMaddox NMann N Manning N Martin, J N Martin, J.L NMassey YMcBee YMcCall
McClinton YMcKinney Y Mills YMobley NMosley N Mueller NO'Neal
Orrock NParham

NParrish N Parsons NPelote
N Perry Y Pinholster NPoag YPolak
E Ponder Y Porter NPowell NPurcell NRagas YRandall
Ray N Reaves Y Reichert NRice N Richardson N Roberts N Rogers N Royal
Y Sanders NSauder
NScarlett NScheid Y Scott Y Shanahan NShaw NSherrill
NShipp NSims N Sinkfield
N Skipper Y Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 47, nays 117. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T N Smith, V NSmyre NSnelling NSnow NStallings
Stancil, F YStancil, S
Stanley, L N Stanley, P N Stephens N Taylor NTeague YTeper N Thomas NTUhnan N Titus Y Tolbert YTrense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest N Westmorland NWhitaker Y Wiles Y Williams, B N Williams, J N Williams, R NWorthan
Yates Murphy, Spkr

The Floor substitute, as amended, was adopted.

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

Y Alien YAnderson NAahe Y Bailey

Y Bannister YBarfoot
N Barnard
NBarnes

Bates Y Benefield YBirdsong
Bohannon

N Bordeaux Y Bradford NBreedlove N Bridges

N Brooks N Brown
Buck
N Buckner

1360
YBunn N Buikhalter YByrd N Campbell Y Canty YCash Y Channel! NChilders N Clark YCoan N Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford N Crews Y Culbreth N CununinKB Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDii YDiion NDobbs N Dukes YEhrhart NEpps N Evans YEverett NFelton

JOURNAL OF THE HOUSE,

YFloyd Y Franklin Y Golden N Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard NHecht Y Heckstall NHegstrom NHenaon N Holland N Holmes
Y Houston Howard
YHudgens Y Hudson, H Y Hudson, N Y Hugley NIrvin
Y Jackson Y James
Jamieson N Jenttns
Johnson Y Johnston
Jones Y Joyce YKaye

YLadd YLakly NLane YLee Y Lewis
Lord Y Lucas Y Maddoi YMann
Y Manning
Y Martin, J
Y Martin, J.L NMassey NMcBee NMcCall
McClinton NMcKinney NMills
Mobley Y Mosley Y Mueller YO'Neal
Orrock YParham YParrish Y Parsons Y Pelote N Perry N Pinholster YPoag NPolak E Ponder

N Porter Powell
YPurcell YRagas YRandaU
Ray Y Reaves N Reichert YRice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder
Y Scarlett Y Scheid N Scott N Shanahan YShaw NSherrill YShipp YSims
Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, L.R N Smith, P Y Smith, T N Smith, V

YSmyre YSnelUng YSnow
Y Stalling* Stancil, F
N Stancil, S Stanley, L
Y Stanley, P
Y Stephens Y Taylor
YTeague NTeper Y Thomas YTilhnan Y Titus NTolbert NTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L N Watson NWest Y Westmoreland YWhitaker Y Wiles N Williams, B Y Williams, J YWilliam8,R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 106, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Stancil of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

By unanimous consent, HB 1593 was ordered immediately transmitted to the Senate.

HB 1592. By Representatives Twiggs of the 8th, Murphy of the 18th, Whitaker of the 7th, Jackson of the 112th, Coleman of the 142nd 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 that neither the Department of Natural Resources nor the Board of Natural Resources may condition consideration or granting of any application for a permit, license, or variance on any provision of any property or thing of value.

The following amendment was read and adopted:

The Committee on Natural Resources moves to amend HB 1592 by striking lines 5 and 6 on page 1 and inserting in lieu thereof the following:
"or granting any application for certain permits or variances on any provision of any property or thing of value;".
By striking lines 20 through 29 on page 1 and inserting in lieu thereof the following:

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1361

'"(a) Notwithstanding any other provision of law to the contrary, neither the depart ment nor the Board of Natural Resources shall require any person seeking a permit or variance pursuant to the provisions of Code Sections 12-7-6 and 12-7-7 or Title 27 to provide anything of value or impose any requirement of any exchange of property or anything of value whatsoever in return for consideration or granting of such permit or variance, unless specifically required by the Code section authorizing the consideration or granting of such permit or variance."

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
YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBamee
Bates Y Benefield YBirdsong YBohannon Y Bordeaux Y Bradford YBraedlove Y Bridges Y Brooks Y Brown
Buck YBuckner YBunn Y Burkhalter Y Byrd Y Campbell Y Canty YCash Y Channel! YChilders Y Clark YCoan Y Coleman, B Y Coleman, T YConnell Y Cooper Y Crawford Y Crews

Y Culbreth Y Cununiiiffs Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans
YEverett YFelton YFloyd Y Franklin
Y Golden Graves
YGreene Y Grindley YHammontree Y Banner Y Harbin Y Heard YHecht
Y Heckstall YHegstrom YHenson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens
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
Lord 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 Moaley Y MueUer YCTNeal YOrrock YParham

YParrish Y Parsons Y Pelote
Y Perry Pinholster
YPoag YPolak E Ponder Y Porter Y Powell YPurcell
YRagas YRandall
Bay 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 YSherriU 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 YSnelling YSnow YStallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman
Y Titus Y Tolbert YTrense Y Turnquest YTwiggs
Y Walker, L Y Walker, R.L Y Watson YWest N Westmorland YWhi taker Y Wiles
Y Williams, B Y Williams, J Y Williams, R
Worthan YYates
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.

The Speaker Pro Tern assumed the Chair.

HB 155. By Representative Dobbs of the 92nd:
A bill to amend Chapter 2 of Title 22 of the Official Code of Georgia Anno tated, relating to condemnation procedures generally, so as to establish quali fications and payment for assessors; to provide for award of reasonable expenses in condemnation cases; to repeal the provisions relating to special masters in condemnation cases; to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to con demnation procedures generally, so as to establish qualifications and payment for asses sors; to provide for award of reasonable expenses in condemnation cases; to provide for the substantial revision of provisions relating to special masters in condemnation cases; to provide for special master panels; to provide for powers, duties, and procedures; to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the acquisition of property for transportation purposes, so as to change the provisions relating to notices and advertisements; to change the provisions relating to interlocutory hearings regarding adequate compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures generally, is amended by striking Code Section 22-2-40, relating to selection of assessors generally, and inserting in its place the following:
"22-2-40. The condemnor and the condemnee shall each select an assessor, and the two assessors so selected shall select a third assessor. No person shall be selected as an assessor unless such person is a real estate appraiser who has an appraiser classification granted under Chapter 39A of Title 43. the 'Real Estate Appraiser and Classification Act.' The con demnor shall be liable for the costs of the assessor selected by or for the condemnor. the condemnee shall be liable for the costs of the assessor selected by or for the con demnee, and the costs of the assessor selected by_ the other assessors or by the judge shall be split equally between the condemnor and condemnee."
SECTION 2. Said chapter is further amended by striking Code Section 22-2-84, relating to payments to assessors, and inserting in its place the following:
"22-2-84. {ft} In all cases, the clerk shall enter the notice and award thereon upon the minutes of the court, and the condemnor shall pay:
(1) Te each assessor, $10.00 fer- each day or arty fraction thereof, provided that
Of CXtPAOFulft&Fy SCW1CC8 Of CXpCHSCO II1C JUdG Or vnO SUpCFlOl? COUFv
COOtS ifi 6XCC9S Ox vft6 ftDOVC AmOUHt IOP cftCn ufly OT IFCtCulOU U&GrCOI QCVOtCCL
by each assessor te any case; and The assessors' costs as provided in Code Section 22-2-40; and (2) Other costs as provided by law in civil cases in the superior court. The condemnee shall pay the assessors' costs as provided in Code Section 22-2-40. \o) ID oity cftsc tft wfticft cmy county ot uiis stctue R&vmi & popuictcioft of oUUjUUU OP B&OP& according te the United States decennial census ef-1990 er any ftrtwe stteh census een-
county se condemning shall pay te each assessor stteh eests as sfeaH be fied m the ease by the jttdge ef the superior eeart; net te exceed $36.00 fef each day er fraction thereof devoted by such assessor te fee easer
ncction, except as otherwise provided this Code section.
22-2-84.1. (a) If the condemnor appeals to the superior court from the assessors' award, the con demnor shall be liable for reasonable expenses incurred by the condemnee in determin ing just and adequate compensation in the superior court unless the judgment in such

TUESDAY, MARCH 3, 1998

1363

court is for an amount of compensation which is less than the assessors' award by at least 20 percent. If the condemnee appeals to the superior court from the assessors' award, the condemnee shall be liable for reasonable expenses incurred by the condemnor in determining just and adequate compensation in the superior court unless the judg ment in such court is for an amount of compensation which is greater than the assessors' award by at least 20 percent. If both the condemnor and condemnee appeal to the supe rior court from the assessors' award, neither shall be liable for the other's appeal
(b) If the condemnor appeals to either appellate court from the judgment of the supe rior court regarding just and adequate compensation, the condemnor shall be liable for reasonable expenses incurred by the condemnee in such appeal unless the final judgment regarding such compensation is in an amount less than the appealed from judgment amount by at least 20 percent. If the condemnee appeals to either appellate court from the judgment of the superior court regarding just and adequate compensation, the con demnee shall be liable for reasonable expenses incurred by the condemnor in such appeal unless the final judgment regarding such compensation is in an amount which is greater than the appealed from judgment amount by at least 20 percent. If both the condemnor and condemnee appeal to either appellate court from the judgment of the superior court regarding just and adequate compensation, neither shall be liable for the other's appeal expenses. (c) As used |n this Code section, reasonable expenses include, without being limited to. attorneys' fees. The amount of such expenses shall be decided by the judge or presiding officers in the condemnation proceeding and shall be a separate entry upon the award or final judgment. (d) The provisions of this Code section apply to condemnations pursuant to this title and to those pursuant to Chapter 3 of Title 32. For purposes of this Code section, a con demnee in a proceeding under Chapter 3 of Title 32 will be deemed to have appealed the assessors' award only if the condemnee does not notify the court to dismiss the condemnee's appeal within the time specified for such notice in subsection (g) of Code Sec tion 32-3-15. For purposes of this Code section, a condemnor in a proceeding under Chapter 3 of Title 32 will be deemed to have appealed the assessors' award only if the condemnor files with the court a notice objecting to the condemnee's dismissal of the appeal within the time specified in subsection (g) of Code Section 32-3-15."
SECTION 3. Said chapter is further amended by striking Code Section 22-2-108, relating to powers and duties of the special master generally, and inserting in its place new Code Sections 22-2-108 and 22-2-108.1 to read as follows:
"22-2-108.
The special master appointed pursuant to Code Section 22-2-103 shall serve in lieu of a board of assessors; and his provided, however, that if two assessors are selected pursu ant to Code Section 22-2-108.1, the special master shall serve as the chairperson of the special master panel and shall decide all issues other than value issues which arise at the hearing provided for in Code Section 22-2-102. The special master's duties and authority, except as otherwise provided for in this article, shall be the same as provided by Code Sections 22-2-61 through 22-2-63. The special master shall hold the hearing provided for in Code Section 22-2-102 at the time and place provided by the order of the judge of the superior court and in compliance with the duties and authority con ferred by this article. The special master shall not be authorized to continue or delay the hearing, except as otherwise provided by Code Section 22-2-108.1, relating to grant ing of a recess for selection of assessors, or by Code Section 9-10-150, relating to grant ing continuances by reason of membership in the General Assembly during sessions thereof, or except upon the written order of the judge of the superior court; and such a continuance shall be granted only for good cause shown to that judge. When it shall be necessary for the judge to grant a continuance, the continuance shall be for not more than five days from the date of the order granting the continuance.
22-2-108.1.

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(a) At any time before commencement of the hearing specified in the order of the judge of the superior court, the condemnee or any other person having a right or interest in the property may, by written notice served on the condemnor and all other parties to the proceeding, select an assessor to hear and decide value issues at the hearing. Within three days after receipt of such notice, the condemnor shall, by written notice served on the condemnee and all other parties to the proceeding, select an assessor to hear and decide value issues at the hearing. The provisions of Code Section 22-2-40 shall apply to the selection of such assessors; provided, however, that the special master appointed pursuant to Code Section 22-2-103 shall serve as the third assessor, shall be compen sated as provided for in Code Section 22-2-106, and shall continue to perform the duties set forth in Code Section 22-2-108. (b) In the event that the notice selecting an assessor by the condemnee or other person having a right or interest in the property is not served on the condemnor more than three days before the time on which the hearing is to commence as specified in the order of the judge of the superior court, the special master shall convene the hearing at the time and place specified in the order; and if requested by the condemnor. the special master shall then recess the hearing to a date certain, but not more than five days after such time, to allow the condemnor additional time to select an assessor. (c) After the condemnee or other person having a right or interest in the property has selected an assessor and the condemnor has selected an assessor, the special master and the two assessors selected by the parties shall constitute the special master panel and, except as otherwise provided in this article, shall perform the duties provided by Code Sections 22-2-61 through 22-2-63. A majority of the special master panel shall decide all value issues which arise at the hearing provided for in Code Section 22-2-102 and shall prepare and submit the award as provided in Code Section 22-2-110."
SECTION 4. Said chapter is further amended by striking Code Section 22-2-109, relating to factors to be considered with respect to condemnation, and inserting in its place a new Code Section 22-2-109, to read as follows:
"22-2-109.
(a) In determining or estimating just and adequate compensation to be paid to the owner of any property or interest condemned for public road and street purposes, nei ther the special master nor the special master panel, in the event such a panel exists, nor the jury, in the event of an appeal to a jury, shall be restricted to the agricultural or productive qualities of the land; but inquiry shall be made as to all other legitimate purposes to which the land could be appropriated. The date of taking as contemplated in this Code section shall be the date of the filing of the condemnation proceedings for the acquisition of the property or interest. (b) The condemning authority shall cause the petition for condemnation to set forth the date of the approval of the original location of the highway. It shall be the further duty of the condemning authority, within 30 days from the date of the original approval and designation of said location as a highway, to cause the location of said highway in said county to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriffs advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the said original loca tion of such highway as hereinbefore provided for in this subsection. Said advertisement shall further state that a plat or map of the project showing the exact date of original location is on file at the office of the Department of Transportation, and that any inter ested party may obtain a copy of same by writing to the Department of Transportation (2 Capitol Square, Atlanta, Georgia 30334) and paying a nominal cost therefor. (c) In determining just and adequate compensation for property or interests taken or condemned for public road and street purposes, the award of the special master or the special master panel, in the event such a panel exists, or the verdict of the jury, in the event of an appeal, shall, in addition to fixing the value of the land actually taken and

TUESDAY, MARCH 3, 1998

1365

used for such purposes, take into consideration the prospective and consequential dam ages to the remaining property or interest from which the property or interest actually taken was cut off, which consequential damages result to such remaining property or
interest because of the location of such public road or street upon the portion actually taken. In addition, the increase of the value of such remaining property or interest from the location of such public road or street shall be considered. Such consequential bene
fits, if any, may be offset against such consequential damages, if any; but in no event shall consequential benefits be offset against the value of the property or interest taken for such public improvement."

SECTION 5. Said chapter is further amended by striking Code Section 22-2-110, relating to special master awards, and inserting in its place a new Code Section 22-2-110 to read as follows:
"22-2-110.

(a) The award of the special master or the special master panel, in the event such a panel exists, shall be filed with the clerk of the superior court of the county where the property or interest is situated within three days after the date ef- on which such hearing is completed.
(b) The award shall become a part of the record of the proceedings in said matter and shall condemn and vest title to the property or other interest in the condemning body upon the deposit by that body of the amount of the award into the registry of the court, subject to the demand of such condemnee or condemnees, according to their respective interests.
(c) The award shall be in the following form:

AWARD OF SPECIAL MASTER

I?

--; the The special master appointed and chosen by the court to

hear evidence, give full consideration to all matters touching upon the value of the

property or interest sought to be condemned, as shown by the description of the prop

erty or interest in the case of _____________ (condemning body) versus

______________ (acres of land or other described interest in said land) and

_____________ (condemnee), Civil action file no._____ in superior court,

and having first taken the oath as required by law of the special master, the same

having been filed with the clerk of the Superior Court of _________ County and

the special master panel, in the event such a panel exists, having heard evidence

under oath and given consideration to the value of such property or interest on the

_____ day of ___________, at ____:____ _.M., as provided for in the

order of the court, do decide and recommend to the court as follows:

(1) I I/We find and award to __________, condemnee, the sum of

$______, as the actual market value of the property or interest sought to be

condemned;

(2) I I/We find consequential damages to the remaining property or interest in the

amount of $________;

(3) I I/We find consequential benefits to the remaining property or interest in the

amount of $_______ (never to exceed the amount of the consequential damages);

(4) Balancing the consequential benefits against the consequential damages, I I/we

find and award to the condemnee in this case in the total sum of $________,

and I I/we respectfully recommend to the court that the said property or interest

be condemned by a judgment in rem to the use of the condemnor upon the payment

of the last stated sum into the registry of the court, subject to the demands of the

condemnee.

This ______ day of _________, ____.

Special Master

Assessor

Assessor

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(d) In any case where there is an appeal from the award of the special master or the special master panel, in the event such a panel exists, to a jury in the superior court, the such award ef the special master shall not be competent evidence. Any such appeal shall be a de novo investigation, and the such award of- the special master shall be detached from the papers in the case before the same are delivered to the jury."
SECTION 6. Said chapter is further amended by striking Code Section 22-2-111, relating to special master awards and court judgments, and inserting in its place a new Code Section 22-2-111 to read as follows:
"22-2-111.
Upon the entry of the award of the special master or the special master panel, if such a panel exists, and the presentation of the award to the judge of the superior court, the judge shall enter a proper order and judgment of the court condemning the described property or other interest in rem to the use of the condemnor upon the condemnor's paying into the registry of the court the amount provided in the award ef- the special

SECTION 7. Said chapter is further amended by striking Code Section 22-2-112, relating to appeal of special master awards, and inserting in its place a new Code Section 22-2-112 to read as follows:
"22-2-112.
In case any party is dissatisfied with the amount of the award, he or she may, within ten days after the award is filed, enter in writing an appeal from the award to the supe rior court of the county where the award is filed. The provisions of Code Section 22-2-84.1. relating to reasonable expenses incurred on appeal, shall apply to any appeal under this Code section. At the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property or interest taken or the amount of damage done, with the same right to move for a new trial and file an appeal as in other cases at law. The entering of an appeal and the proceedings thereon shall not hinder or delay in any way the condemn or's work or the progress thereof."
SECTION 8. Said chapter is further amended by striking Code Section 22-2-113, relating to payment of special master awards, and inserting in its place a new Code Section 22-2-113 to read as follows:
"22-2-113.
(a) The tender, payment, or acceptance of the amount of the award shall not prevent any party from prosecuting the appeal. (b) Where separate and distinct parcels of property are condemned in the same pro ceeding, the owner of any separate and distinct property may file a separate appeal to a jury in the superior court. (c) If the amount awarded by the special master or the special master panel, if such a panel exists, is less than that found by the verdict of the jury, the condemnor shall be bound to pay the sum so finally adjudged less the amount previously deposited as pro vided in Code Section 22-2-110 plus lawful interest on the difference from the date of the efder ef the special 9ter such deposit, in order to retain the property. (d) If the condemnor fails to pay the amount of the award or judgment within ten days after the same is filed or entered, then the clerk shall issue execution upon such award or judgment which may be levied upon any property of the condemnor."
SECTION 9. Said chapter is further amended by striking Code Section 22-2-114, relating to deposit of special master awards, and inserting in its place a new Code Section 22-2-114 to read as follows:

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1367

"22-2-114.
When the condemnor has paid into the registry of the court the amount provided for in the award of the special master or the special master panel, if such a panel exists, for the use and benefit of and subject to the demands of the condemnees, the effect of such payment into the registry of the court shall be the same as if paid to the con demnees directly, provided that the clerk shall pay out the money to the condemnees or their personal representatives upon proper proof submitted to him or her as to the quantity of their interests. Where there are conflicting claims, the clerk may require the conflicting parties to establish their claims before the court as is provided by law in other similar matters."
SECTION 10. Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the acquisition of property for transportation purposes, is amended by striking subsection (b) of Code Section 32-3-9, relating to service upon non residents, and inserting in its place the following:
"(b) Where the address of the nonresident is unknown, whether he such nonresident is the owner of the property, a minor, or the trustee or guardian of such minor or has any other lawful interest in the property, the method of advertising the condemnation of the particular property, as provided for in Code Sections 22-2-100 and 22-3 137, relating te eminent domain procedures before a special master, subsection (b.l) of this Code section shall be sufficient service upon such nonresidents and shall be final and conclusive; pro vided, however, that, in that event, it shall be the duty of the condemnor, in filing the petition for condemnation, to certify that the address of such person or persons is unknown to the condemnor; provided, further, that it shall be the duty of the sheriff of the county wherein the condemnation is pending to inquire into the truth of such allegation and to enter a certificate upon the condemnation proceeding, within three days from the filing of the same, verifying the truth of the allegation. This certificate, together with the method of advertising of such condemnation proceedings provided for in the laws and statutes described above, shall be final and conclusive as to lawful ser vice of the petition for condemnation upon the nonresident. For each such certificate, the sheriff shall receive the fee he the sheriff receives for like service for each such cer tificate, the same to be taxed as other costs in the case. (b.l) The condemning authority shall cause the petition for condemnation to set forth the date of the approval of the original location of the highway. It shall be the further duty of the condemning authority, within 30 days from the date of the original approval and designation of said location as a highway, to cause the location of said highway in said county to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriffs advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the original location of such highway as provided for in this subsection. Said advertisement shall further state that a plat or map of the project showing the exact date of the original location is on file at the office of the Department of Transportation and that any interested party may obtain a copy of same b^ writing to the Department of Transportation and paying a nominal cost therefor."
SECTION 11. Said article is further amended by striking Code Section 32-3-15, relating to interlocutory hearings upon compensation, and inserting in its place the following:
"32-3-15.
(a) An appeal having been filed as provided in Code Section 32-3-14, the appellant or appellants, at any time before the beginning of the trial of the issue formed on such appeal, but not later than 90 days after the date of service as provided in Code Sections 32-3-8 and 32-3-9, may file in the case a petition for an interlocutory hearing on the issue of whether the amount deposited in court as just and adequate compensation is sufficient. Such petition shall be served as may be directed by the court. The petition

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JOURNAL OF THE HOUSE,

shall be verified and shall state the amount which is claimed by the petitioner to repre sent just and adequate compensation, together with a sworn, written statement of the facts upon which the claim is based. (b) Upon the presentation of the interlocutory petition to the judge of the court in which the case is pending, the ease shall be referred te a special master appointed under Article 3 ef- Chapter 3 ef Title 2& The special master shall determine fremt court shall make such order as to the appointment of assessors as shall conform most nearly to Article 1 of Chapter 2 of Title 22 and shall give all interested persons equal rights in the selection thereof. If by reason of conflicting interests or otherwise such equality of right cannot be preserved, the judge shall make such order on the subject as shall secure a fair and impartial assessment. The board of assessors so appointed shall determine from all evidence offered by. the parties, from personal inspection of the premises, and from its own professional judgment
(J^fhe declaration ef (2) The swent exhibit ef- the appraiser's statement justifying the svaat of money esti-
Hlltx to i9G JU9l COHlpCRSflt1OH WftlCtt 18 flttflCIlCQ to tn& QCClftFfttlOft Or "tflKlft^* DUt SUCn
exhibit shall be considered only if the appraiser appears at the hearing before- the speeial master; is sworn; presents testimony en saeh valuation, and i available for eresscxaminatien; (3) The verified interlocutory petition; (4) Personal inapeetion ef- the premises; and (6) Other evidence presented at the hearing required by Code Section 22-2 102, whether the condemnor should be required to deposit any additional amount as esti mated compensation and shall, within ten 30 days of the date of reference to him such board, make an interlocutory award based upon such determination. (c) Upon approval of the interlocutory award by the court and service of a copy upon the condemnor, as may be directed by the court, the condemnor shall within 15 days pay into court any additional amount required to be paid pursuant to the interlocutory award. (d) Upon the application of the party or parties in interest at any time before a jury verdict on the appeal, the court shall order that the additional money deposited in court be paid forthwith to the parties found to be entitled thereto; provided, however, that any party or parties receiving any payment of any amount paid into court pursuant to an interlocutory award shall, before receiving such payment, file in the case a bond in the amount of such payment conditioned for the repayment of any amount so received by such party which may be in excess of the amount awarded by the jury upon the trial of the appeal. Such bond shall be executed by a surety company authorized to do busi ness in this state; and, in the event the amount awarded by the jury on final trial of the appeal is less than the total amount paid into court by the condemnor, judgment may be entered against the principal and surety on the bond for the amount by which the total amount paid into court exceeds the amount awarded by the jury; and, if the amount awarded by the jury is less than the original deposit, judgment may be entered against the condemnee for that part of the judgment not covered by the bond.
(e) The special master assessors shall be compensated as provided in Article % ef Chap ter 3 ef Title 33 er any ether provision ef law Code Section 22-2-84.
(f) The interlocutory award provided for in this Code section shall not be subject to exceptions to any higher court and shall net be vacated er modified after 46 days.
(g) If the condemnee notifies the court in writing to dismiss the appeal filed by the con demnee pursuant to Code Section 32-3-14 within 15 days following the date the interloc utory award is approved by the court, that interlocutory award shall become the final judgment in the proceeding and shall not be vacated or modified, and that appeal shall be dismissed unless the condemnor files with the court a notice objecting to such dismis sal within 15 days following the date the condemnee notified the condemnor of the notice to dismiss such appeal."

SECTION 12. This Act shall become effective July 1, 1998.

TUESDAY, MARCH 3, 1998

1369

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 155 by striking lines 11 through 27 of page 3.
By striking "(c)" and inserting in its place "(b)" on line 28 of page 3.
By striking "(d)" and inserting in its place "(c)" on line 34 of page 3.
By striking "Code Section 22-2-40" and inserting in its place "Code Sections 22-2-40 and 22-2-41" on line 5 of page 5.

Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 155 by striking line 29 of page 1 and inserting in lieu thereof the following:
"has an appraiser classification of certified general appraiser granted under Chapter 39A".
By striking line 25 of page 1 and inserting in lieu thereof the following:
"(a) The condemnor and the condemnee shall each select an"
By deleting the quotation marks at the end of line 2 of page 2.
By inserting immediately following line 2 of page 2 the following:
"(b) The assessors selected as provided in subsection (a) of this Code section shall have no authority to decide questions of law including, but not limited to, issues of compensability.
(c) The assessors selected as provided in subsection (a) of this Code section shall have the authority to refer questions of law to the appropriate superior court prior to entering an award. Neither party shall be prohibited from appealing a question of law to the superior court after the entry of the assessor's award.'".
By deleting the quotation marks at the end of line 3 of page 4.
By inserting immediately following line 3 of page 4 the following:
"(e) Notwithstanding any other provision of this Code section, neither the condemnor nor the condemnee shall be required to pay the other party's costs and attorney's fees related to the litigation and appeal of issues of law including, but not limited to, issues of compensability.'".
By inserting at the end of line 38 of page 10 the following:
"amended by striking in its entirety Code Section 32-3-5, relating to the contents of con demnation petitions, and inserting in lieu thereof the following:
'32-3-5.
(a) The petition referred to in Code Section 32-3-4 shall set forth:
(1) The facts showing the right to condemn;
(2) The property or interests to be taken or damaged;
(3) The names and residences of the persons whose property or interests are to be taken or otherwise affected, so far as known;

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JOURNAL OF THE HOUSE,

(4) Descriptions of the persons or classes of unknown persons whose rights therein are to be excluded or otherwise affected;

(5) Such other facts as are necessary for a full understanding of the cause; and

(6) A prayer for the judgment of the court in accordance with Code Section 32-3-13 or 32-3-19; and

(7) The date of the approval of the original location of the highway.

(b) If any of the persons referred to in the petition are, so far as may be known, minors or under disability, that fact shall be stated.
(c) It shall be the duty of the condemning authority, within 30 days from the date of the original approval and designation of said location as a highway, to cause the location of said highway in said county to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriffs advertisements are carried: and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the original location of such highway as provided for in this subsection. Said advertisement shall further state that a plat or map of the project showing the exact date of the original location is on file at the office of the Department of Transportation and that any interested party may obtain a copy of same by writing to the Department of Transportation and paying a nominal cost therefor.'.
SECTION 11.

Said article is further". By striking lines 6 through 8 of page 11 and inserting in lieu thereof the following:

HI

a aTM

procedures before a special master, subsection (c) of Code Section 32-3-5, shall be".

By adding quotation marks at the end of line 27 of page 11.

By striking lines 28 through 45 of page 11 and lines 1 and 2 of page 12. By redesignating Sections 11, 12, and 13 as Sections 12, 13, and 14, respectively.

The Committee substitute, as amended, was adopted.

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

Y Alien Y Andenon
YAshe Y Bailey Y Bannister YBartoot Y Barnard YBarnes
Bates Y Benefield
Birdsong Bohannon Y Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks

Y Brown Buck
Y Buckner
NBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell Y Guilders 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 YDeLoach, B Y DeLoach, G YDii YDiion YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett

Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hanunontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland
Holmes

Y Houston Y Howard YHudgens Y Hudson, H Y Hudson, N Y Hugley Ylrvin
Y Jackson Y James YJamieson Y Jenkins
Johnson N Johnston Y Jones
N Joyce YKaye YLadd

TUESDAY, MARCH 3, 1998

1371

YLakly YLane
Lee Y Lewis YLord Y Lucas
Maddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton Y McKinney YMilk
Y Mobley YMosley

Y Mueller YCTNeal YOrrock YParham YParrish E Parsons Y Pelote
Perry Y Pinholster YPoag YPolak E Pander Y Porter Y Powell YPurceU Y Rages Y Randall
YRay Y Reaves

Y Reichert YRice
Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scbeid Y Scott Y Shanahan
Shaw YSherrffl
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 E Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor N Teague YTeper Y Thomas

Tillman Y Titus
Y Tolbert YTrense
Y Turnquest YTwiggs
Walker, L
Y Walker, R.L Y Watson 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, as amended, the ayes were 157, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1683.

By Representatives Roberts of the 162nd, Tillman of the 173rd and James of the 140th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, relating to used motor vehicle dealers and used motor vehicle parts dealers, so as to define and redefine terms; to make it unlawful for the owner or lessee of real property to allow to be or have certain used motor vehicles displayed or parked on such property for the purpose of selling or advertising the sale of such vehicles.

Representative Parham of the 122nd moved that further consideration of HB 1683 be postponed until Thursday, March 5, 1998.
The motion prevailed.

HR 1092.

By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd:
A resolution designating a certain portion of Interstate Highway 85 as the Pearl Harbor 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 fol lows:

Y Alien
Y Anderson YAshe
Y Bailey Y Bannister YBarfoot
Y Barnard YBarnes
Bates Y Benefield
YBirdsong Bohannon
Y Bordeaux Y Bradford

Y Breedlove Y Bridges Y Brooks Y Brown
Buck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Y Canty YCash Y 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 YDut Y Dixon
YDobbs Y Dukes
Ehrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves

Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard

1372
Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson Y James YJamieson
Y .Tanking
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd YLakly YLane
Lee YLewis YLord Y Lucas Y Maddox

JOURNAL OF THE HOUSE,

YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton Y McKinney Y Mills Y Mobley YMosley Y Mueller YO'Neal
Orrock YParham YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag

YPolak E Ponder Y Porter Y Powell YPurceU YRagas YRandaU
Ray Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
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 ESnelling YSnow YStaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor

YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest Y Westrnoreland YWhi taker Y Wiles Y Williams, B Y Waiiams, J Y Williams, R YWorthan YYates
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 1667.

By Representative 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 certain provisions regarding tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1 counties.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for tax credits for increas ing exports from Georgia businesses; to provide for definitions; to provide for an additional job tax credit and credit for qualified investment property for certain businesses with increased port traffic; to provide for conditions, limitations, and procedures; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, is amended by adding after Code Section 48-7-40.14, a new Code section to read as follows:
"48-7-40.15. (a) As used in this Code section, the term:
(1) 'Base year port traffic' means the total amount of net tons, containers, twenty-foot equivalent units (TEU's), or dollar value of product transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecom munications, tourism, and research and development industries but shall not include retail businesses.

TUESDAY, MARCH 3, 1998

1373

(3) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (4) 'Port traffic' means the total amount of net tons, containers, twenty-foot equiva lent units (TEU's), or dollar value of product transported by way of a waterborne ship or vehicle through a port facility. (5) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (6) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an exist ing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, build ing improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment prop erty pursuant to this Code section. (b) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 for jobs added at any time between January 1, 1998, and July 1, 2002, there shall be allowed an additional credit against the tax imposed under this article in an amount equal to the amount of job tax credit allowed under Code Section 48-7-40 to business enterprises in counties designated by the commissioner of community affairs as tier 1 counties. The tax credit described in this subsection shall be allowed subject to the conditions and lim itations set forth in Code Section 48-7-40. (c) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a tax credit under Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 upon qualified investment property added at any time between January 1, 1998, and July 1, 2002, there shall be allowed an additional credit against the tax imposed under this article in an amount equal to the amount of the least percentage of the tax credit allowed to business enterprises for the cost of such property in counties designated by the commissioner of community affairs as tier 1 counties. The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40.2. (d) No business enterprise shall be authorized to claim the credits provided for in both subsections (b) and (c) of this Code section on a tax return for any taxable year unless such business enterprise has increased its port traffic of products during the previous 12 month period by more than 20 percent above its base year port traffic, has increased employment by 400 or more, and has purchased or acquired qualified investment prop erty having an aggregate cost in excess of $20,000,000.00 no sooner than January 1, 1998.
(e) The credit granted under this Code section shall be subject to the following condi tions and limitations:
(1) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which shall set forth the following information, as a minimum, in addition to the information required under Code Sec tions 48-7-40 and 48-7-40.2:
(A) A description of how the base year port traffic and the increase in port traffic was determined;
(B) The amount of the base year port traffic;
(C) The amount of the increase in port traffic for the taxable year, including infor mation which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credit under this Code section;

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(D) Any tax credit utilized by the taxpayer in prior years; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years. (2) Any tax credit claimed under subsection (b) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which it was claimed, provided that the jobs added and the increase in port traffic remain above the minimum levels established in Code Section 48-7-40 and this Code section, respectively. Any tax credit claimed under subsection (c) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which it was claimed, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (3) The tax credit established by this Code section taken in any one taxable year shall, when added to the job tax credit and credit for qualified investment property which makes the taxpayer eligible for the tax credit under this Code section, be lim ited to an amount not greater than 50 percent of the taxpayer's state income tax lia bility which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1998.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Bordeaux of the 151st, Kaye of the 37th, Skipper of the 137th, Culbreth of the 132nd and Ehrhart of the 36th move to amend the Committee substitute to HB 1667 by striking lines 19 through 24 of page 1 and inserting in their place the following:
"(1) 'Base year port traffic' means the total amount of net tons, containers, twentyfoot equivalent units (TEU's), or dollar value of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five con tainers, ten twenty-foot equivalent units (TEU's), or $100,000.00 product value, then 'base year port traffic' means 75 net tons, five containers, ten twenty-foot equivalent units (TEU's), or $100,000.00 of product value."

The Committee substitute, as amended, was adopted.

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

Y Alien Y Andersen YAshe Y Bailey

Y Bannister Y Barfoot Y Barnard Y Barnes

Bates Y Benefield Y Biidsong Y Bohannon

Y Bordeaux Y Bradford Y Breedlove Y Bridges

Y Brooks Y Brown
Buck Y Buckner

TUESDAY, MARCH 3, 1998

1375

YBunn YBmkhaltei YByrd YCampbeU Y Canty YCash YChannell YChilders Y Clark YCoan
Coleman, B Coleman, T Connell Y Cooper YCrawford Y Crews YCulbreth Y Cummings YDavis,G YDavia,M YDay YDeLoach, B YDeLoach, G YDix Dixon Dobbs Y Dukes YEhrhart YEpps
YEvanS
YEverett Felton

YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Manner Y Harbin Y Heard YHecht
Heckstall YHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens
Hudson, H Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce
Kaye

YLadd YLakly YLane
Lee Y Lewis YLord Y Lucas YMaddoi YMann Y Manning Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall
McClinton YMcKinney Y Mills
YMobley YMosley Y MueUer YO-Neal YOrrock YParham YParrish E Parsons YPelote Y Perry Y Pinbolster YPoag YPolak E Ponder

Y Porter YPowell YPurcell YRagas
Randall Ray Y Reaves YReichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan
Shaw YSherrill YShipp YSims YSinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith,? Y Smith, T Y Smith, V

Smyre ESnelling YSnow Y Stalling YStancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephens Y Taylor
Teague YTeper
Y Thomas Y Tilhnan Y Titus Y Tolbert YTrense
Tumquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 946. By Representatives Smith of the 19th, Irvin of the 45th, Mann of the 5th, Smith of the 175th, Bames 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.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 20 of Title 45, 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 inel igibility for office and employment by the state and for employment termination; to pro vide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Article 1 of Chapter 20 of Title 45, relating to the merit system generally, is amended by adding at the end a new Code section to read as follows:
"45-20-20. (a) As used in this Code section, the term:

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(1) 'Employing unit' means that budget unit under the Appropriations Act through which an officer or employee receives compensation for services rendered as such offi cer or employee. (2) 'Federal law' means Section 3(a) of the Military Selective Service Act (50 App. U.S.C.A. 451, et seq.). (b) A state officer, other than an elected officer whose office is created by the Constitu tion, shall not be eligible to take office if such person is a male between 18 and 26 years of age unless, prior to taking the oath of office, such person presents proof to the Secre tary of State of having registered with the Selective Service System as required by fed eral law or of being exempt from such registration. (c) A person employed by the state before July 1, 1998, other than an officer specified or exempted by subsection (b) of this Code section, who is a male between 18 and 26 years of age shall be terminated for cause unless, by January 1, 1999, such person presents proof to the employing unit of state government of having registered with the Selective Service System as required by federal law or of being exempt from such regis tration. (d) A person may not be hired as an employee of the state on or after July 1, 1998, other than an officer specified or exempted by subsection (b) of this Code section, if that person is a male between 18 and 26 years of age unless, prior to such hiring, such person presents proof to the employing unit of state government of having registered with the Selective Service System as required by federal law or of being exempt from such registration."
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 and lost:

Representatives Joyce of the 1st and Brooks of the 54th move to amend the Committee substitute to HB 946 by inserting after the semicolon on line 6 of page 1 the following:
"to provide for an exception for conscientious objection;"
By inserting between lines 15 and 16 of page 1 the following:
"(1) 'Conscientious objection' means an objection to the participation in war in any form, based on a moral, religious, or ethical code." By renumbering paragraph (1) on line 16 of page 1 and paragraph (2) on line 20 of page 1 as paragraphs (2) and (3), respectively.
By striking line 22 of page 1 and inserting in lieu thereof the following: "(b) Except as provided in subsection (e) of this Code section, a state officer, other than an elected officer whose".
By striking line 32 on page 1 and inserting in lieu thereof the following:
"(b) or (e) of this Code section, who is a male between 18 and 26".
By striking line 6 on page 2 and inserting in lieu thereof the following:
"(d) Except as provided in subsection (e) of this Code section, a person may not be hired as an employee of the state".
By striking the quotation marks at the end of line 13 of page 2.
By inserting between lines 13 and 14 of page 2 the following:

TUESDAY, MARCH 3,1998

1377

"(e)(l) The General Assembly affirms the state and federal constitutional right of its citizens to freedom of conscience. The General Assembly finds that each person has a natural and inalienable right to worship God, each according to the dictates of that person's own conscience; and no human authority should, in any case, control or inter fere with such right of conscience. The General Assembly finds that no inhabitant of this state should be prohibited from holding any public office or trust on account of religious opinion. The General Assembly further finds that these rights are protected by Article I, Section I, Paragraphs III and IV of the Constitution.
(2) Notwithstanding any other provision of law to the contrary, no conscientious objector shall be terminated from employment with the state nor denied employment or the right to hold publicly elected office in the State of Georgia by virtue of the fact that he or she refuses for reasons of conscience to register with the Selective Ser vice System. A signed and notarized affidavit declaring one's conscientious objection to war in any form shall be prima facie evidence that the person executing such an affidavit is a conscientious objector.'"

The Committee substitute was adopted.

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

Y Alien N Andenon YAahe YBailey Y Bannister YBarfoot
Barnard Y Barms
Bates YBenefield Y Birdsong Y Bohannon Y Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown
Buck YBuckner YBunn YBurkhalter
YByrd Y Campbell
Y Canty YCash Y Channel! Y Childen Y Clark YCoan
Y Coleman, B Coleman, T Connell
Y Cooper Y Crawford Y Crews

Y Culbreth E CununinffB N Davis, G Y Davis, M YDay YDeLoach, B Y DeLoacb, G YDii YDixon YDobbs Y Dukes YEhrhart YEpps Y Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecbt
HeckstaU NHegstrom YHenson Y Holland Y Holmes
Y Houston Howard
YHudgens Y Hudson, H

Y Hudson, N
Y Hugley Ylrvin Y Jackson
Y James Y Jamieson
Jenkins Johnson Y Johnston
Y Jones N Joyce YKaye YLadd NLakly
Lane Lee Y Lewis
YLord N Lucas Y Maddoi YMann Y Manning Y Martin, J Y Martin, J.L
YMassey McBee
YMcCall McClinton
N McKinney Y Mills
N Mobley YMosley Y Mueller Y O'Neal NOrrock YParham

YParrish E Parsons Y Pelote Y Perry Y Pinholster
YPoag NPolak E Ponder Y Porter YPowell YPurcell NRagas YRandall YRay Y Reaves Y Reichert
YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder YScarlett
Scheid Y Scott EShanahan
Shaw 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 ESnelling YSnow YStallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor NTeague NTeper N Thomas YTillman Y Titus Y Tolbert YTrense N Turnquest YTwiggs
Walker, L Y Walker, R.L
Y Watson 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 137, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

1378

JOURNAL OF THE HOUSE,

HB 1620.

By Representative Lord of the 121st:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to requirements for issuance of motor vehicle liability insur ance policies, so as to provide for certain policy issuance, renewal, continuation, or replacement reporting requirements; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses.

The following Committee substitute was read:

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 provide for certain policy issuance, renewal, or replacement reporting requirements; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancella tion, suspension, and revocation of drivers' licenses, so as to change certain provisions relating to procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permits; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, is amended by adding to subsec tion (a) thereof a new paragraph (5) to read as follows:
"(5) Any insurer issuing, renewing, or replacing in this state any policy of motor vehi cle liability insurance shall, within 7 days of such issuance, renewal, or replacement, provide notice of the same to the Department of Public Safety. For purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall provide to the Department of Public Safety the motor vehicle identification number and policy effective date. No insurer shall be liable for damages for providing the information required by this paragraph or by Code Section 40-5-71."
SECTION 2. Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by striking Code Section 40-5-71, relating to procedure upon notice of insurance cancellation, lapse fee, sus pension of license, and restricted driving permits, and inserting in lieu thereof the follow ing:
"40-5-71.
(a)(l) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within i80 days ef the effective date of the pelicy ef- iasvetanee terminates, the insurer, within 46 7 days after the date en which the pettey eannet be reinstated te maintain coverage continueaaly in fe*ee, shall notify the Department of Public Safety in the fern manner specified by the department of such cancellation end the feasen for seen cancellation. Per the purposes ef aiding in the enforcement ef the requirement ef- minimum motor vehicle insurance, insurers snaB
fUHHSn ftny 1USUF&HCG COVGF&6 IRlOHACttlOIl QCCHftCQ I)CCCSSftFy Dy tC uGp&FuDGln Of
ether appropriate tew enforcement agencies termination. The commissioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation termination sent to the Department of Public Safety by any insurer in violation of the regulation ef the Department ef Pbe Safety defining a cancellation this Code section, and the Commissioner of Insurance may take appropriate action against such insurer; including, but net limited te; suspension or revocation ef an agent% Keense; eivH ef criminal prosecution, monetary penalties, er any other sanction

TUESDAY, MARCH 3, 1998

1379

the Commissioner ef Inauroncc is as authorized by law to impose. No insurer ahaH tiHze the eeata of- any tradit er examination conducted -by the Insurance Department pursuant to this paragraph as a eest of- business in fee insurer's fate baser (2) The Department of PttWie Salety shall; by regulation, define cancellation for the purpoaca ef- insurers acnding the noticca required by this Code section and- fee depart-
fldCIre~fl uCI lAiclOD Sflftlt 1ft ftO Wfty wO COHSlfUC u ft9 DHOuliyiRJf IIIC pPOV181OH9 Or t'OQC
Section 33-24-46. {3} Notwithstanding the provisions of paragraph (1) of this subsection, any irregulari ties in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation. (b)(l) Upon receipt ef notification ef cancellation, the department ahaH send a notice
vO W1C OWIlCr Or LAC HlOtOf VCfllCtC 9tAutt TflfiT IHC CwpftTCHieilt flA8 Dtt lHIOHKeft Or
the feet ef-the cancellation and informing aueh owner of the penalties outlined in Ma ode section. (2) Upon receipt of the department's notice; it It shall be the duty of the a motor vehicle owner of sweh whose minimum motor vehicle insurance has terminated to respond OK the term provided by fee department and- to provide proof to the depart ment in the form specified thereby that minimum insurance coverage has been oDuuuGQ flUu to pFOViflc fluy othcp iHtoTmfttion reiftiin^ TO sucft insurftnce coveMi^je
ff.fi i.fn+ff\ \v\r 4-Kp Hnr>nrfryn ont
(3) The owner ahaU furnish such information to the department within 30 days of the date on which the notification was mailed by the department policy terminated. A valid written binder of required minimum motor vehicle insurance shall be acceptable proof of coverage for purposes of this Code section. (c)(l) If the owner rcoponda within the specified time period and- indicates the owner provides proof that minimum insurance coverage is in effect, but there has been a lapse of required coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned submitted in a timely manner as provided in paragraph {3} {2) of this subsection. (2) If the owner responds does not within the specified time period and indicates pro vide proof that minimum insurance coverage is net in effect or is no longer required, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the depart ment. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(*%\ Tf tVin AWTIPT Horn TIA^ TPnnoTiH within tnn finrrifirH tJTnf* nrriftH tfip t\PTMrtmCr>t
shall suspend the owner's driver's liccnac. Upon- demand of the department, fee owner snail forward the driver's Heenae to the department. When the owner providca pwefef- having prepaid a oiit-month minimum insurance poKey; pays a lapse fee of $3&06; and pays a restoration fee ef-$69^6 or $6&Qe when processed by mail; the suspension
sticui tcrnuinftte Arid %RG uop&FtmC'Ot 911Aix PCIUTR tftc driver s license to inc
Or vnO DftOtiOf VCjilCrOJ prOVluedj flOWCV1?f tttftt IOF flliy OWHOr WRO9C QTlVCr 3
license has been ouopcndcd purauant to thia paragraph who provides satisfactory preefef continuous minimum insurance coverage the commissioner may waive the lapse fee and the restoration fee and the owner anaH net-be deemed to have violated Code Sec tion 46-6-1347 44) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.

1380

JOURNAL OF THE HOUSE,

(d) A person whose driver's license has been suspended pursuant to Code Section 40-5-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the Department of Public Safety for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered may apply to the department for a restricted driving permit immediately following the con viction or suspension. (e) Applications for restricted 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 and the applicant's employer before a person authorized to administer oaths.
(f)(l) The department shall issue a restricted driving permit if the application indi cates that refusal to issue such permit would result in the person's loss of employment or extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transpor tation, and, therefore, the applicant would be prohibited from:
(A) Going to the applicant's place of employment or performing the normal duties of his or her occupation; (B) Receiving scheduled medical care or obtaining prescription drugs; or (C) Attending a college or school at which the applicant is regularly enrolled as a student. (2) A restricted driving permit shall be endorsed with such conditions as the commis sioner 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 follow ing restrictions: (A) Specific places between which the permittee may be allowed to operate a motor vehicle; (B) Routes to be followed by the permittee; (C) Times of travel; (D) The specific vehicles which the permittee may operate; (E) There is in force a policy of liability insurance covering the driver of the vehi cle; and (F) Such other conditions as the Department of Public Safety may require,
(g) A permit issued pursuant to this Code section shall be issued for a period of 90 days from the effective date of the suspension and shall be nonrenewable.
(h) No official or employee of the department shall be criminally or civilly liable or sub ject to being held in contempt of court for issuing a restricted driving permit in reliance on the truth of the affidavits required by this Code section.
(i) Any permittee who is convicted of violating any provision relating to the requirement of maintaining minimum motor vehicle insurance coverage or is convicted of any other traffic offense for which the department may suspend a driver's license or any permittee who is convicted of violating the conditions endorsed on his permit shall have his 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. Any per son whose restricted 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.
(j) 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.
(k) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section."

TUESDAY, MARCH 3, 1998

1381

SECTION 3. This Act shall become effective on July 1, 1999.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Holland of the 157th, Murphy of the 18th, Ragas of the 64th and Bordeaux of the 151st move to amend the Committee substitute to HB 1620 as follows:
On page 2 beginning with the word "notwithstanding" on line 41, delete the remainder of line 41 and all of lines 42 and 43 and delete on page 3, lines 1 and 2 and insert in place thereof the following:
The provisions of this subsection shall in no way be construed as modifying the provi sions of Code Section 33-24-45."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Alien
N Anderaon YAshe Y Bailey Y Bannister YBarfoot N Barnard YBaraes
Bates Y Benefield YBirdsong Y Bohannon
Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown
Buck YBuckner YBunn Y Burkhalter YByrd Y Campbell N Canty YCash YChannell Y Childero Y Clark YCoan Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford Y Crews

Y Culbreth 1 OununinffB
Y Davis, G Y Davis, M YDay YDeLoach, B YDeLoach,G YDiz NDiion YDobbs N Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd N Franklin Y Golden
Y Graves YGreene Y Grindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall NHegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin Y Jackson
James N Jamieson
Jenkins Johnson Y Johnston Y Jones N Joyce YKaye YLadd Lakly
L&D6
Lee Y Lewis YLord Y Lucas YMaddoi YMann
Manning Y Martin, J Y Martin, J.L YMassey
McBee YMcCall
McClinton McKinney YMills N Mobley Y Mosley NMueller YO'Neal YOrrock NParham

YParrish E Parsons YPelote Y Perry Y Pinholster
YPoag YPolak E Ponder
Porter Y Powell YPurceU
Y Ragas YRandall
YRay Y Reaves Y Reichert
YRice Y Richardson
Y Roberts Y Rogers Y Royal
Y Sanders YSauder
YScarlett Scheid
Y Scott E Shanahan
Shaw YSherril) 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 ESnelling YSnow
StaUings Y StancU, F Y StancU, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor NTeague YTeper N Thomas YTilhnan Y Titus Y Tolbert YTrense Y Turnquest YTwiggs
Walker, L N Walker, R.L Y Watson 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, -by substitute, as amended, the ayes were 134, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

1382

JOURNAL OF THE HOUSE,

HR 1101. By Representative Poag of the 6th:
A resolution designating a portion of State Highway 136 in Murray County as "C. W. Bradley Highway".

The following amendment was read and adopted:

Representative Poag of the 6th moves to amend HR 1101 by designating the current lan guage as PART I.
By adding immediately following line 32 on page 1 the following:
"PART II
Designating the 'Floyd Hulett-Monroe Steelman Memorial Bridge'; and for other purposes.
WHEREAS, Floyd Hulett was a lifelong citizen of Murray County, Georgia; and
WHEREAS, for several years he served the county admirably as deputy sheriff; and
WHEREAS, a resident of the Cisco community, he was renowned for his outstanding abili ties as a Baptist preacher; and
WHEREAS, he was a devoted and loving husband and father and a good neighbor who contributed greatly to his community; and
WHEREAS, Monroe Steelman was an outstanding citizen of Murray County, Georgia; and
WHEREAS, he was a hard-working, successful farmer and a respected resident of the Cisco community; and
WHEREAS, he is remembered as an outstanding Baptist preacher who lived the values he preached; and
WHEREAS, he was a devoted and loving husband and father who is missed dearly by his family and friends; and
WHEREAS, it is only fitting and proper that in recognition of their dedication to Murray County and their innumerable contributions to the Cisco community that the Floyd Hulett-Monroe Steelman Memorial Bridge be designated.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the railroad bridge over U.S. 411 and Ga. 61 south of the community of Cisco in Murray County be designated the 'Floyd Hulett-Monroe Steelman Memorial Bridge.'
BE IT FURTHER RESOLVED that the Department of Transportation is directed and authorized to erect and maintain appropriate signs at appropriate locations designating such bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is autho rized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to the families of Floyd Hulett and Monroe Steelman.
PART III
Designating the 'Will Ross-Charlie Wilson Memorial Bridge'; and for other purposes.
WHEREAS, Will Ross was an esteemed and respected citizen of Murray County, Georgia; and
WHEREAS, a successful businessman in Tannga, Georgia, he contributed his talents greatly to the welfare of his community; and

TUESDAY, MARCH 3, 1998

1383

WHEREAS, an active church member and a loving husband and father, he left an enduring impression on his family, friends, and community; and
WHEREAS, Charlie Wilson was a well respected and successful merchant in the Tannga community of Murray County, Georgia; and
WHEREAS, active in the Baptist church, his Christian values were clearly evident in his actions and his treatment of other people; and
WHEREAS, he was a loving husband and father and his entire community is a better place because he lived there; and
WHEREAS, it is only fitting and proper that the dedication of both Will Ross and Charlie Wilson and then* innumerable contributions to their community be recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the railroad bridge on U.S. 411 and Ga. 61 in the community of Tannga in Mur ray County, Georgia, be designated the 'Will Ross-Charlie Wilson Memorial Bridge.'
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is autho rized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to the families of Will Ross and Charlie Wilson."

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

Y Alien YAnderson YAshe
Y Bailey Y Bannister YBarfoot Y Barnard YBarnes
Bates Y Benefield YBirdsong Y Bohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
Buck Y Buckner
Bunn
YBurkhalter YByrd Y Campbell Y Canty YCash Y Channel! Y Childers Y Clark YCoan Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford Y Crews

Y Culbreth E Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B YDeLoach, G
Dii YDiam YDobbs Y Dukes YEhrhart YEppe Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner Y Harbin Y Heard YHecht YHeckstall YHegstrom
Henson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin Y Jackson Y James Y Jamieson YJenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly Lane Lee
Y Lewis Lord
Y Lucas Y Maddox YMann Y Manning Y Martin, J Y Martin, J.L YMassey
McBee YMcCall
McCUnton McKinney Y Mills Mobley YMosley
Y Mueller YO'Neal YOrrock YParham

YParrish E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak E 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
Scheid Y Scott E Shanahan
Shaw 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
Smith, V YSmyre ESnelling YSnow
StaUings Y StancU, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague
YTeper Y Thomas YTillman
Titus Y Tolbert
YTrense Y Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

1384

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, as amended, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 1102. By Representative Poag of the 6th: A resolution honoring Mr. Charles A. Pannell, Sr., and designating a portion of State Highway 61 as the "Charles A. Pannell, Sr., Highway".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Alien Y Andereon
YAshe Y Bailey
Bannister YBarfoot Y Barnard YBaraes
Bates Y Benefield YBirdsong YBohannon
Bordeaux Y Bradford Y Breedlove Y Bridges Y Brooks Y Brown
Buck Y Buckner
YBunn Y Burkhalter YByrd
Y Campbell Y Canty YCash Y Channel! Y Guilders Y Clark YCoan
Y Coleman, B Coleman, T Connell
Y Cooper Y Crawford Y Crews

Y Culbreth E Cummings
Y DaTM, G Y DaTM, M
Day YDeLoach, B Y DeLoach, G
Diz YDiion
YDobbs Y Dukes YEhrhart YEpps Y Evans Y Everett Y Felton YFloyd Y Franklin
Y Golden Y Graves YGreene Y Grindley YHammontree Y Manner Y Harbin
Y Heard YHecht Y Heckstall YHegstrom
Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H

Hudson, N Y Hugley Ylrvin
Y Jackson Y James YJamieson Y Jenkins
Johnson Y Johnston Y Jones Y Joyce YKaye YLadd
Lakly Lane Lee Y Lewis Lord Y Lucas Y Maddoz YMann Y Manning Y Martin, J Y Martin, J.L
YMassey McBee
YMcCall McClinton McKinney
Y Mills Y Mobley YMosley Y Mueller YO'Neal YOrrock YParham

YParriah E Parsons Y Pelote Y Perry Y Pinholster YPoag YPolak E Ponder
Porter YPowell YPurceU YRagas YRandall YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts
Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott E Shanahan
Shaw 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
Smyre ESnelling YSnow
StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTfflman Y Titus YTolbert YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Watson YWest Y Westmorland YWhitaker Y Wiles
Y Williams, B Y Williams, J Y Williams, R
Worthan Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 1223.

By Representatives Wiles of the 34th, Shipp of the 38th, Parsons of the 40th, Grindley of the 35th, Ehrhart of the 36th and others:
A resolution recognizing and commending Genet Berhane and inviting her to appear before the House of Representatives.

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

TUESDAY, MARCH 3, 1998

1385

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 1271 Do Pass, by Substitute
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1626 Do Pass SB 620 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1378 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
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 1224 Do Pass, by Substitute SB 510 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

1386

JOURNAL OF THE HOUSE,

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 1187 Do Pass SR 527 Do Pass, by Substitute

SR 588 Do Pass SR 635 Do Pass

Respectfully submitted, /a/ Dobbs of the 92nd
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 follow ing recommendations:
HB 1464 Do Pass, by Substitute HB 1784 Do Pass, by Substitute
Respectfully submitted, /s/ Jamieson of the 22nd
Vice-Chairman

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

Pursuant to HR 1165, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 5, 1998.

THURSDAY, MARCH 5, 1998

1387

Representative Hall, Atlanta, Georgia Thursday, March 5, 1998

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 Benefield Birdsong Bohannon Bradford
Breedlove Bridges
Brooks Brown EBuck Bunn
Burkhalter Byrd Campbell
Cash ChanneU Childers Clark Coan Coleman, B Connell Cooper

Crews Cummings Davis, M
E Day DeLoach, B DeLoach, G Ehrhart Everett Felton Floyd
Franklin Golden
Grindley Hanunontree E Harbin Heard
Henson Holland Houston
Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson James

Jenkins Johnson Johnston
Joyce Lakly Lane Lee Lewis Mann Manning
Martin, J Maney
McBee Mills Mobley Mosley
Mueller O'Neal Parham
Parrish Parsons Pelote Perry Pinholster Poag Polak Ponder

Porter Powell Puicell
Ray Reaves Rice Richardson Roberts Royal Sanders
Scarlett E Scheid
Scott Shanahan Shaw Shipp
Sims Skipper Smith, C
Smith, C.W Smith, L Smith, L.R Smith, P Smith, T Smith, V SneUing Snow

Stalling* Stancil, F Stancil, S
Stanley, L Stanley, P Stephens Taylor Teague Teper Thomas
Tillman Titus
Tolbert Trense Tumquest Walker, R.L
Watson West Westmorland
Whitaker Wiles Williams, B Williams, J WUUams, 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, Lord of the 121st, Sherrill of the 62nd, Dixon of the 168th, Crawford of the 129th, Sauder of the 29th, Alien of the 117th, Twiggs of the 8th, McClinton of the 68th, Greene of the 158th, Dukes of the 161st, Dobbs of the 92nd, Rogers of the 20th, Ladd of the 59th, Ragas of the 64th, Buckner of the 95th, Anderson of the 116th, Hecht of the 97th, Banner of the 159th, Davis of the 48th, Jamieson of the 22nd, Bordeaux of the 151st, Heckstell of the 55th, McKinney of the 51st, Sinkfield of the 57th, Jones of the 71st, Epps of the 131st, Lucas of the 124th, Evans of the 28th, Martin of the 145th, Culbreth of the 132nd, Smyre of the 136th, Orrock of the 56th and Dix of the 76th.
They wish to be recorded as present.

Prayer was offered by the Reverend Ron McClung, Pastor, Haddock Baptist Church, Haddock, 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.

1388

JOURNAL OF THE HOUSE,

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

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

HB 1836. 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 1837. By Representatives Teper of the 61st, Ragas of the 64th, Davis of the 60th, Mobley of the 69th, McClinton of the 68th and others:
A bill to specifically repeal the "DeKalb Memorial Stadium Authority Act".
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1838. By Representatives Stallings of the 100th and Martin of the 145th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment of school personnel under the "Quality Basic Education Act," so as to require that substitute teachers in elementary and secondary schools hold at least a bachelor's degree.
Referred to the Committee on Education.

HB 1839. By Representatives Shipp of the 38th, Wiles of the 34th, Parsons of the 40th, Bradford of the 30th, Cooper of the 31st 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 1840. By Representatives Rogers of the 20th, Tolbert of the 25th and Smith of the 19th:
A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit, so as to increase the supplement to each judge's salary.
Referred to the Committee on Judiciary.

THURSDAY, MARCH 5, 1998

1389

HB 1841. By Representatives Rogers of the 20th, Tolbert of the 25th and Smith of the 19th:
A bill to amend an Act providing for a supplement to the salary of the dis trict attorney of the Northeastern Judicial Circuit, so as to increase the sup plement to the district attorney's salary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1842. By Representative Hudgens of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to authorize the board of commissioners to provide a supple ment to the compensation of the sheriff, clerk of the superior court, tax com missioner, and judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1843. By Representatives Holland of the 157th and Manner of the 159th:
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Lee County in nonpartisan primaries and elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1844. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1845. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to authorize the Magistrate Court of Lee County to charge a law library fee, so as to provide that funds shall be used for the maintenance of the Lee County law library.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1846. By Representative James of the 140th:
A bill to amend an Act creating a board of commissioners for Macon County, so as to provide for education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1847. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to create the Lee County Utilities Authority," so as to change the compensation of the members of such authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1849. By Representative Randall of the 127th:
A bill to repeal a local amendment to the Georgia Constitution which created a joint Board of Health for the City of Macon and Bibb County; to provide that the effectiveness of such repeal shall be contingent upon a referendum as required by law.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1850. By Representative Murphy of the 18th:
A bill to change provisions relating to the membership of the Hospital Authority of the City of Bremen and County of Haralson.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1851. By Representative Murphy of the 18th:
A bill to amend an Act incorporating the Town of Waco, so as to change the corporate limits of the Town of Waco by annexing certain territory to the town.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1852. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the clerk of the Supe rior Court of Twiggs County, so as to change the provisions relative to the compensation, expenses, and benefits of the clerk and employees of the office of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1853. By Representative Birdsong of the 123rd:
A bill to provide for the compensation, expenses, and benefits of the coroner of Twiggs County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1854. By Representative Birdsong of the 123rd:
A bill to provide for the compensation, expenses, and benefits of the chief magistrate of the Magistrate Court of Twiggs County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1855. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the compensation and expenses of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1856. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provi sions relative to the compensation, expenses, and benefits of the sheriff and employees of the office of sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1857. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensa tion, expenses, and benefits of the tax commissioner and employees of the office of tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

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1391

HB 1858. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the judge of the Pro bate Court of Twiggs County, so as to change the provisions relative to the compensation, expenses, and benefits of the judge of the probate court and employees of the office of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1859. By Representative Holland of the 157th: A bill to provide a new charter for the City of Poulan.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1860. By Representative Jenkins of the 110th:
A bill to amend an Act reconstituting the Board of Education of Jasper County, so as to provide for education districts which conform to commis sioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1861. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to abolish the present mode of com pensating the coroner of Monroe County," so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1862. By Representative Jenkins of the 110th:
A bill to provide a supplement to each of the homestead exemptions granted by general law from certain ad valorem taxes in the amount of $6,000.00 of the assessed value of the homestead for Jasper County residents.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1194. By Representative Smith of the 169th:
A resolution commending Delmus Carter; designating the Delmus Carter Highway.
Referred to the Committee on Transportation.

HR 1195. By Representative Stephens of the 150th:
A resolution urging that an investigation be undertaken by the appropriate authorities of the 1995 conversion of Blue Cross and Blue Shield of Georgia from a nonprofit corporation to a for profit corporation.
Referred to the Committee on Judiciary.

HR 1224. By Representatives Martin of the 47th, O'Neal of the 75th, Smith of the 19th, Stallings of the 100th and Sherrill of the 62nd:
A resolution creating the Georgia Speech-Language Pathology Study Com mittee.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE,

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

HB 1821
HB 1822
HB 1823 HB 1824 HB 1826

HB 1834
HB 1835
HB 1848 HR 1193 HR 1225

SrHlRBB I1188r2^a89 HB 1830 HB 1831 HB 1832 HB 1833

STM ,;,B,, 4TMfi6oy70, SB 643 SB 676 SB 683 SB 685

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

Mr. Speaker:

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

HB 1250 Do Pass, by Substitute HR 733 Do Pass HR 782 Do Pass HR 783 Do Pass
S5 I24 P,0 ?,888 HR 786 EoS HR 787 Do Pats HR 788 Do Pass HR 789 Do Pass HR 790 Do Pass

HR 837 Do Pass HR 861 Do Pass HR 866 Do Pass HR 956 Do Pass
HR 1024 Do Pass, by Substitute HR 1055 DoPaM HR 1142 Do Pass, by Substitute SB 41 Do Pass, by Substitute SB 474 Do Pass SR 559 Do Pass

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

Representative Porter of the 143rd District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:

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

HB 699 Do Pass HB 863 Do Pass, by Substitute HB 1385 Do Pass, by Substitute HB 1750 Do Pass, by Substitute HB 1788 Do Pass SB 404 Do Pass

SB 445 Do Pass SB 447 Do Pass, by Substitute SB 535 Do Pass SB 565 Do Pass SR 467 Do Pass

Respectfully submitted, M Porter of the 143rd
Chairman

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1393

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 1495 Do Pass, by Substitute SB 261 Do Pass, by Substitute SB 566 Do Pass, as Amended
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1386 Do Pass, by Substitute SB 522 Do Pass, by Substitute SB 572 Do Pass, by Substitute
Respectfully submitted, M 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 Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1056 Do Pass, as Amended HB 1643 Do Pass, as Amended HB 1787 Do Pass, as Amended
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 Senate and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

HB 286 Do Pass, by Substitute HB 1719 Do Pass, by Substitute

SB 184 Do Pass SB 187 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1359 Do Pass, as Amended HB 1813 Do Pass, as Amended SB 481 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

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 959 Do Pass HR 1035 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 has instructed me to report the same back to the House with the follow ing recommendations:
HB 1136 Do Pass, by Substitute HB 1804 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:

THURSDAY, MARCH 5, 1998

1395

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 383 Do Pass, as Amended
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1452 Do Pass, as Amended HB 1794 Do Pass HB 1796 Do Pass HB 1807 Do Pass
HB 1811 Do Pass HB 1814 Do Pass HB 1815 Do Pass

HB 1817 Do Pass HB 1818 Do Pass HB 1820 Do Pass SB 651 Do Pass, by Substitute SB 664 Do Pass SB 673 Do Pass

Respectfully submitted, M Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HR 1100 Do Pass HR 1171 Do Pass HR 1173 Do Pass

HR 1174 Do Pass HR 1189 Do Pass SR 613 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, MARCH 5, 1998
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enu merated below:

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JOURNAL OF THE HOUSE,

HB 244 HB 932 HB 1007 HB 1161 HB 1179 HB 1250 HB 1273 HB 1378 HB 1410 HB 1464 HB 1551 HB 1556 HB 1639 HB 1654 HB 1664 HB 1666 HB 1702 HB 1774 HB 1784 HB 1791 HB 1798

Educational grants; lengthen school year Medical Examiners, State Board; function as state agency Infectious diseases; cert harm reduction program; auth studies Income tax credit; certain low-emission vehicles State plan of medical assistance; modification or waivers General appropriations; FY 1998-99 Public schools; retirees; insurance coverage Motor vehicles; implied consent; legal sufficiency of notice Firefighters; EMTs; officers; vaccinations; include hepatitis C Homestead exemptions; filing deadline; designate June 1 Real estate transfer tax; increase; remit to certain fund Educational scholarships; amend provisions Stalking and aggravated stalking; amend provisions Schools; sex education; legal consequences of parenthood Georgia Commission on the Holocaust; create Contracts; public works; permit certain withdrawal of bid House of Representatives; reapportion districts 84 and 87 Classes of persons; provide for sexes; define "gender" Sales & use tax; cert unidentifiable proceeds; distribution Minors; contributing to delinquency of; penalties Essential Rural Health Care Provider Access Act; enact

HR 1095 Roscoe Collins Drive; designate HR 1106 William "Billy" Shaw Abney Memorial Highway; designate HR 1187 Savannah-Chatham County; convey property

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

Respectfully submitted, M Lee of the 94th
Chairman

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

SB 673. By Senator Griffin of the 25th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Morgan County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1452.

By Representative Orrock of the 56th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to change the provisions relative to public letting and bids; to change the provisions relative to advertisement of bids.

The following amendment was read and adopted:

THURSDAY, MARCH 5, 1998

1397

The Committee on State Planning and Community Affairs - Local moves to amend HB 1452 by striking the amount "$100,000.00" on line 25 on page 1 and inserting in lieu thereof the amount $50,000.00.
By striking the amount "$100,000.00" on line 21 on page 2 and inserting in lieu thereof the amount $50,000.00."

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

HB 1794.

By Representative Hudgens of the 24th:
A bill to provide for up to two advisory referendum elections to be held in Madison County for the purpose of determining the type of county govern ment desired by the people of Madison County.

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

HB 1796.

By Representative Hanner of the 159th:
A bill to amend an Act reconstituting the Board of Education of Webster County and providing for its powers, duties, rights, obligations, and liabilities and subjecting it to certain constitutional and statutory provisions, so as to change the composition of education districts from which members of the board of education are elected.

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

HB 1807.

By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to provide a homestead exemption from City of Dalton ad valorem taxes for city purposes and a homestead exemption from City of Dalton Independent School District ad valorem taxes for educational purpose in the amount of $75,000.00 of the assessed value of the homestead for each resi dent of the City of Dalton who is 65 years of age or over and whose annual net income does not exceed $20,000.00.

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

HB 1811.

By Representatives Bordeaux of the 151st, Thomas of the 148th, Mueller of the 152nd, Pelote of the 149th, Stephens of the 150th and others:
A bill to amend an Act creating the Chatham-Savannah Authority for the Homeless, so as to change the provisions relating to the membership, terms, appointment, and purposes of the authority.

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

HB 1814.

By Representatives Sauder of the 29th, Manning of the 32nd, Bradford of the 30th, Parsons of the 40th, Shipp of the 38th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to change the corporate limits.

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JOURNAL OF THE HOUSE,

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

HB 1815.

By Representative Parrish of the 144th:
A bill to create the Emanuel County Jail Authority and to authorize such authority to acquire, construct, equip, maintain, and operate jails and other public facilities.

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

HB 1817.

By Representative Powell of the 23rd:
A bill to amend an Act creating the Hart County Industrial Development Authority, so as to eliminate a provision expressing the intention of the Gen eral Assembly.

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

HB 1818.

By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to provide that the solicitor-general of the state court shall be full time and may not engage in the private practice of law.

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

HB 1820.

By Representative Hudson of the 120th:
A bill to amend an Act creating a Board of Commissioners of Hancock County, so as to change the provisions relating to the compensation and expense allowance 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.

SB 651. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide homestead exemptions from Glynn County ad valorem taxes for county purposes for certain residents of that county; to provide for defi nitions; to specify the terms and conditions of the exemptions and the proce dures relating thereto; to provide for the specific repeal of an Act approved March 16, 1994, relating to homestead exemptions for such county; to pro vide for applicability.

The following Committee substitute was read and adopted:

A BILL
To provide homestead exemptions from Glynn County ad valorem taxes for county pur poses for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for the

THURSDAY, MARCH 5, 1998

1399

specific repeal of an Act approved March 16, 1994 (Ga. L. 1994, p. 3920), relating to home stead exemptions for such county; to provide for applicability; 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 county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Glynn County, including, but not limited to, taxes to pay interest on and to retire bonded 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 Janu ary 1 of the year in which application for the exemption under this subsection is made.
SECTION 2. (a) Each resident of Glynn County is granted an exemption on that person's homestead from all Glynn County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation.
(b)(l) In addition the homestead exemption provided for under subsection (a) of this section, each resident of Glynn County who is a senior citizen is granted an exemption on that person's homestead from all Glynn County ad valorem taxes for county pur poses in the amount of either:
(A) $10,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $20,000.00 for the immediately preceding taxable year; or (B) $8,000.00 of the assessed value of that homestead. (2) The value of that property in excess of such exempted amount shall remain sub ject to taxation. (c) A person shall not receive either homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit with the tax commissioner of Glynn County giving the person's age and the amount of income which the person and the person's spouse residing within such 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 owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
SECTION 3. The tax commissioner of Glynn County or the designee thereof shall provide application forms for the exemptions 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 exemp tions.
SECTION 4. The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affi davit as provided in subsection (c) 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 Glynn County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

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JOURNAL OF THE HOUSE,

SECTION 5.
The exemptions granted by this Act shall not apply to or affect any state taxes, municipal taxes, independent school district taxes, or Glynn County School District taxes for educa tional purposes. Except for the limitation specified in paragraph (1) of subsection (b) of Section 2 of this Act, the homestead exemptions granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to Glynn County ad valo rem taxes for county purposes.

SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1,1999.

SECTION 7.
If this Act is approved in the referendum provided for in Section 8 of this Act, an Act approved March 24, 1994 (Ga. L. 1994, p. 3920), providing for homestead exemptions from Glynn County ad valorem taxes for county purposes is repealed effective at the last moment of December 31, 1998.

SECTION 8.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Glynn County shall call and conduct an election as provided in this sec tion for the purpose of submitting this Act to the electors of Glynn County for approval or rejection. The election superintendent shall conduct that election on the date of the 1998 state-wide general election and shall issue the call and conduct that election as pro vided 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 Glynn County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides new homestead exemptions from Glynn County ad valorem taxes for county purposes as follows: (1) $8,000.00 of the assessed value of the homestead for all residents; and (2) either $10,000.00 of the assessed value of the homestead for residents who are 62 years of age or older and whose income does not exceed $20,000.00 or $8,000.00 of the assessed value of the homestead for resi dents who are 62 years of age or over without regard to annual income; and which repeals the current exemptions?"

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 7 shall become of full force and effect on January 1, 1999. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 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 Glynn County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 9.
Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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

THURSDAY, MARCH 5, 1998

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SB 664. By Senators Cky of the 37th and Lamutt of the 21st: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen
YAshe Y Bailey
Bannister YBarfoot Y Barnard
YBarnes Y Bates YBenefield
Birdsong Y Boh&nnon
Bordeaux Y Bradford
Breedlove Y Bridges Y Brooks Y Brown EBuck YBuckner
YBunn Y Burkhalter YByrd
Campbell Canty YCash Y Channel! Y Childers Y Clark
Coan YColeman, B YColeman, T YConnell Y Cooper
Crawford Crews

Y Culbreth Y Cummings
Davis, G Y Davis, M EDay Y DeLoach, B YDeLoach, G
Dix YDiion YDobbs Y Dukes
Ehrhart Epps Evans YEverett YFelton YFloyd Y Franklin Y Golden Y Graves YGreene Y Grindley Y Hammontree
Y Banner E Harbin Y Heard YHecht
Heckstall Hegstrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N Y Hugley Ylrvin
Jackson Y James Y Jamieson YJenkins
Johnson Johns ton Jones Y Joyce YKaye YLadd YLakly YLane YLee Y Lewis Lord Lucas Y Maddox YMann
Y Manning
Martin, J Y Martin, J.L
Massey YMcBee
McCall Y McClinton Y McKinney
Mills Y Mobley YMosley Y Mueller YO'Neal
Orrock Parham

YParrish Parsons
Y Pelote Y Perry Y Pinholster
Poag YPolak Y Ponder Y Porter Y Powell YPurcell
Y Rages YRandall YRay Y Reaves
Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett EScheid Scott YShanahan YShaw YSherrill YShipp Sims 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 YSnelling
Snow YStallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor YTeague YTeper Y Thomas YTillman Y Titus Y Tolbert YTrense Y Tumquest YTwiggs Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker
Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the passage of the Bills, the ayes were 135, nays 0. The Bills, having received the requisite constitutional majority, were

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

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

SB 687. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to create a board of elections and registration for Newton County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for effective dates.

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JOURNAL OF THE HOUSE,

HB 1748. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A bill to provide for the creation of one or more community improvement districts in Cherokee County and in each municipality therein.

SB 490. By Senators Thomas of the 10th, Griffin of the 25th, Johnson of the 2nd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require health insurers to provide coverage for the treatment of morbid obesity when medi cally indicated; to provide for a short title; to provide for legislative findings; to provide definitions; to provide for the issuance of rules and regulations by the Commissioner of Insurance.

SB 549. By Senators Oliver of the 42nd, Ralston of the 51st and Burton of the 5th:
A bill to expedite admission to or discharge from certain health care institu tions of incapacitated adults and persons and adults unable to consent for themselves; 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 an alternative procedure for appointment of an emergency guardian; to pro vide for specific, limited powers for such a guardian.

SB 661. By Senator Clay of the 37th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," so as to define the term "owner" and revise the definitions of the terms "plan" and "watercourse"; to make a certain legislative finding; to provide for one or more comprehensive land and water use plans.

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

SR 627. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution authorizing the granting of an easement for operation and main tenance of a food service operation upon certain limiting conditions during the balance of the term of that River Yacht Club Marina in, on, over, under, and upon a certain tract of property owned by the State of Georgia in Chatham County, Georgia.

SR 655. By Senators Hooks of the 14th, Gillis of the 20th and Broun of the 46th:
A resolution honoring Hugh Alton Carter and designating the Hugh Alton Carter Bridge.

SR 674. By Senators Hooks of the 14th, Perdue of the 18th, Walker of the 22nd and Clay of the 37th:
A resolution creating the Joint Study Committee on Local Assistance Grants.

THURSDAY, MARCH 5, 1998

1403

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

HB 1315. By Representatives Purcell of the 147th, DeLoach of the 172nd, Lane of the 146th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to provide for resident and nonresident commercial food shrimp cast netting licenses; to provide for the reporting of certain information relating to commercial fishing.

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

SR 646. By Senators Hill of the 4th, Middleton of the 50th, Marable of the 52nd and others:
A resolution creating the Joint Study Committee on School Support Person nel.

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

SB 490. By Senators Thomas of the 10th, Griffin of the 25th, Johnson of the 2nd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require health insurers to provide coverage for the treatment of morbid obesity when medi cally indicated; to provide for a short title; to provide for legislative findings; to provide definitions; to provide for the issuance of rules and regulations by the Commissioner of Insurance.
Referred to the Committee on Insurance.

SB 549. By Senators Oliver of the 42nd, Ralston of the 51st and Burton of the 5th:
A bill to expedite admission to or discharge from certain health care institu tions of incapacitated adults and persons and adults unable to consent for themselves; 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 an alternative procedure for appointment of an emergency guardian; to pro vide for specific, limited powers for such a guardian.
Referred to the Committee on Judiciary.

SB 661. By Senator Clay of the 37th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," so as to define the term "owner" and revise the definitions of the terms "plan" and "watercourse"; to make a certain legislative finding; to provide for one or more comprehensive land and water use plans.
Referred to the Committee on Natural Resources & Environment.

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SB 687. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to create a board of elections and registration for Newton County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 627. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution authorizing the granting of an easement for operation and main tenance of a food service operation upon certain limiting conditions during the balance of the term of that River Yacht Club Marina in, on, over, under, and upon a certain tract of property owned by the State of Georgia in Chatham County, Georgia.
Referred to the Committee on State Institutions & Property.

SR 646. By Senators Hill of the 4th, Middleton of the 50th, Marable of the 52nd and others:
A resolution creating the Joint Study Committee on School Support Person nel.
Referred to the Committee on Rules.

SR 655. By Senators Hooks of the 14th, Gillis of the 20th and Broun of the 46th:
A resolution honoring Hugh Alton Carter and designating the Hugh Alton Carter Bridge.
Referred to the Committee on Transportation.

SR 674. By Senators Hooks of the 14th, Perdue of the 18th, Walker of the 22nd and others:
A resolution creating the Joint Study Committee on Local Assistance Grants.
Referred to the Committee on Rules.

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

HR 1226.

By Representatives Mobley of the 69th, Stanley of the 49th, Taylor of the 134th and Sinkfield of the 57th:
A resolution recognizing Delta Sigma Theta Sorority and inviting members of that sorority to appear before the House of Representatives.

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

HR 959. By Representatives Sims of the 167th, Smith of the 169th, Byrd of the 170th, Mosley of the 171st, Childers of the 13th and others:
A resolution recognizing and commending Judy Thompson and Veronica Crockett and inviting them to appear before the House of Representatives.

THURSDAY, MARCH 5, 1998

1405

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

HB 1683.

By Representatives Roberts of the 162nd, Tillman of the 173rd and James of the 140th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, relating to used motor vehicle dealers and used motor vehicle parts dealers, so as to define and redefine terms; to make it unlawful for the owner or lessee of real property to allow to be or have certain used motor vehicles displayed or parked on such property for the purpose of selling or advertising the sale of such vehicles.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle dealers and used motor vehicle parts dealers, so as to define and redefine terms; to make it unlawful for the owner or lessee of real property to allow to be or have certain used motor vehicles displayed or parked on such property for the pur pose of selling or advertising the sale of such vehicles; to make it unlawful for the owner or lessee of certain used motor vehicles to display or park used motor vehicles on certain property for the purpose of selling or advertising the sale of such vehicles; to make it unlawful for the owner or lessee of real property knowingly to allow certain used motor vehicles to be displayed or parked on such property for the purpose of selling or advertis ing the sale of such vehicles unless such vehicles are lawfully titled and registered in the name of the individual offering the vehicle for sale; to make it unlawful for any individual or entity to advertise, display, sell, or offer any used motor vehicle for sale unless such vehicle is lawfully titled and registered in the name of the individual or entity offering the vehicle for sale; to provide exceptions to such unlawful activity; to provide for the towing and storage of certain vehicles; to provide that certain unlawful activity shall constitute an unfair or deceptive act or practice; to provide for enforcement; to provide for applica bility; to provide that certain motor vehicles shall be contraband; to provide for the sei zure, forfeiture, and disposition of such contraband; to prohibit certain activity except at an established place of business or at a temporary site; 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 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle dealers and used motor vehicle parts dealers, is amended by adding to Code Sec tion 43-47-2, relating to definitions, a new paragraph (15.1) to read as follows:
"(15.1) 'Temporary site' means a location at which used motor vehicles are sold or offered for sale, which location is:
(A) Used for a period not to exceed 96 hours in any one-month period of time; and (B) Located in the county which is within two counties of the county in which the established place of business of the used motor vehicle dealer using the temporary site is located."
SECTION 2. Said chapter is further amended by striking subparagraph (A) of paragraph (17) of Code Section 43-47-2, relating to definitions, and inserting in lieu thereof the following:
"(17)(A) 'Used motor vehicle dealer,' 'used car dealer,' or 'licensee' means any per son 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

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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 pcraon who knowingly aUews the display of five or more used asetef vehicles on his or her real property withm a 12 month period by other per-
fi&ake a profit or gam of money or other -thing of vakte; haH-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 vehi cle 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 (x) of subparagraph (BHx) 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 busi ness 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, how ever, 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."
SECTION 3. Said chapter is further amended by adding new Code Sections 43-47-8.1 and 43-47-8.2 to read as follows:
"43-47-8.1.
(a)(l) An owner or lessee of any real property shall not allow to be or have more than five used motor vehicles within any 12 month period displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (2) An owner or lessee of any real property shall not allow to be or have more than two used motor vehicles at the same time displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (3) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle it the display or parking of such vehicle will cause the owner or lessee of the real property to be in violation of paragraph (1) or (2) of this subsection. (4) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property, (b) The provisions of subsection (a) of this Code section shall not apply: (1) If the owner or lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked; (2) If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or dis played at the time such vehicle is displayed or parked; or (3) If the real property on which a vehicle is displayed or parked is a parking lot for which a fee is charged for the use of such parking lot and the owner or lessee of the vehicle displayed or parked has paid the fee for the use of such parking lot. (c)(l) An owner or lessee of any real property shall not knowingly allow any used motor vehicle to be displayed or parked on such real property for the purpose of sell ing or advertising the sale of such used motor vehicle if such vehicle is not lawfully

THURSDAY, MARCH 5, 1998

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titled and registered in the name of the individual or entity offering such vehicle for sale in accordance with the applicable provisions of Chapters 2 and 3 of Title 40. (2) A person shall not advertise, display, sell, or offer for sale any used motor vehicle unless such vehicle is lawfully titled and registered in such person's name in accord ance with the applicable provisions of Chapters 2 and 3 of Title 40.
(d) Any law enforcement officer or agency, the board, or the owner or lessee of any real property upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of this Code section may have any such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle.
(e) A violation of this Code section shall constitute an unfair or deceptive act or practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Busi ness Practices Act of 1975.' A violation of this Code section may be penalized as pro vided in Code Section 43-47-21 or any other applicable provision of this Code, including but not limited to the 'Fair Business Practices Act of 1975.'
(f) This Code section shall not apply to any person licensed under this chapter or to any franchised motor vehicle dealer or any subsidiary wholly owned or controlled by such dealer. This Code section shall not eliminate or change the requirement for any person to obtain a license under this chapter if such person engages in any conduct or activity for which a license is required under this chapter.
(g) Each vehicle displayed or parked in violation of this Code section is declared to be contraband and forfeited to the state and shall be confiscated and seized by any law enforcement agency, which shall impound it in the name of the district attorney whose circuit includes the county in which the seizure is made. The law enforcement agency having possession of any such vehicle subject to forfeiture shall report such fact, within ten days of taking possession, to the district attorney of the judicial circuit having juris diction in the county where the vehicle is located. Within 30 days from the date when he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the vehicle is located an action for condemna tion of the vehicle. The proceeding shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the vehicle, state its location, state its present custo dian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the vehicle described in the action, commanding him or her to seize the vehicle described in the action and to hold that vehicle for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that vehicle. If the owner is unknown, resides out of the state, departs the state, cannot after due diligence be found within the state, or conceals himself or herself as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the vehicle resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such vehicle and required to be served under this Code section unless that person is unknown, resides out of the state, departs the state, cannot after due diligence be found within the state, or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized vehicle as provided for in this Code section. If the owner of the vehicle appears and defends the action, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such vehicle has been displayed or parked in violation of this Code section, the vehicle shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied to:
(1) Payment of proper costs and expenses, including expenses incurred in the seizure;

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(2) Payment of the costs of the court and its officers; (3) Payment of any costs incurred in the storage, advertisement, maintenance, or care of such vehicle; and (4) The general fund of the county.
43-47-8.2. A used motor vehicle dealer shall not engage in any activity as a used motor vehicle dealer except at such dealer's established place of business which has been registered under Code Section 40-2-38 or at temporary sites not more than three times in any one calendar year."
SECTION 4. 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 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Roberts of the 162nd, was read:

A BILL
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle dealers and used motor vehicle parts dealers, so as to define and redefine terms; to make it unlawful for the owner or lessee of real property to allow to be or have certain used motor vehicles displayed or parked on such property for the pur pose of selling or advertising the sale of such vehicles; to make it unlawful for the owner or lessee of certain used motor vehicles to display or park used motor vehicles on certain property for the purpose of selling or advertising the sale of such vehicles; to make it unlawful for the owner or lessee of real property knowingly to allow certain used motor vehicles to be displayed or parked on such property for the purpose of selling or advertis ing the sale of such vehicles unless such vehicles are lawfully titled and registered in the name of the individual offering the vehicle for sale; to make it unlawful for any individual or entity to advertise, display, sell, or offer any used motor vehicle for sale unless such vehicle is lawfully titled and registered in the name of the individual or entity offering the vehicle for sale; to provide exceptions to such unlawful activity; to provide for the towing, storage, and disposition of certain vehicles; to provide that certain unlawful activity shall constitute an unfair or deceptive act or practice; to provide for enforcement; to provide for applicability; to provide for deemed licensees; to prohibit certain activity except at an established place of business or at a temporary site; to provide for related matters; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle dealers and used motor vehicle parts dealers, is amended by adding to Code Sec tion 43-47-2, relating to definitions, a new paragraph (15.1) to read as follows:
"(15.1) 'Temporary site' means a location at which used motor vehicles are sold or offered for sale, which location is:
(A) Used for a period not to exceed 96 hours in any one-month period of time; and (B) Located in the county which is within two counties of the county in which the established place of business of the used motor vehicle dealer using the temporary site is located."
SECTION 2. Said chapter is further amended by striking subparagraph (A) of paragraph (17) of Code Section 43-47-2, relating to definitions, and inserting in lieu thereof the following:

THURSDAY, MARCH 5, 1998

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"(17)(A) 'Used motor vehicle dealer,' 'used car dealer,' or 'licensee' means any per son 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 perseB whe knowingly aUews the display ef- five er mote wed
meter vehicles en his er kef real property within a 42 month period fey ether per-

DQCuEG ft pIOIIt Of Ain Ol JHOttCy "Of OvflOT tlUH ^R VftiU&j SxiCui H&C 'CrodftCtl 4 J1CG1M96C
for the purposes ef 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 vehi cle 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 (x) of subparagraph (B){s) 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 busi ness 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, how ever, 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."
SECTION 3. Said chapter is further amended by adding new Code Sections 43-47-8.1 and 43-47-8.2 to read as follows:
"43-47-8.1.
(a)(l) An owner or lessee of any real property shall not authorize more than five used motor vehicles within any 12 month period displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (2) An owner or lessee of any real property shall not authorize more than two used motor vehicles at the same time displayed or parked on such real property for the purpose of selling or advertising the sale of such used motor vehicles by the owner or lessee of such vehicles. (3) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle if the display or parking of such vehicle will cause the owner or lessee of the real property to be in violation of paragraph (1) or (2) of this subsection. (4) An owner or lessee of any used motor vehicle shall not display or park such used motor vehicle on the real property of another for the purpose of selling or advertising the sale of such used motor vehicle unless the owner or lessee of such vehicle has the prior permission of the owner or lessee of the real property, (b) The provisions of subsection (a) of this Code section shall not apply: (1) If the owner or lessee of the vehicle displayed or parked is employed by the owner or lessee of the real property on which the vehicle is displayed or parked; (2) If the owner or lessee of the vehicle displayed or parked is conducting business with the owner or lessee of the real property on which the vehicle is parked or dis played at the time such vehicle is displayed or parked; or (3) If the real property on which a vehicle is displayed or parked is a parking lot for which a fee is charged for the use of such parking lot and the owner or lessee of the vehicle displayed or parked has paid the fee for the use of such parking lot.

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(c)(l) An owner or lessee of any real property shall not knowingly allow any used motor vehicle to be displayed or parked on such real property for the purpose of sell ing or advertising the sale of such used motor vehicle if such vehicle is not lawfully titled and registered in the name of the individual or entity offering such vehicle for sale in accordance with the applicable provisions of Chapters 2 and 3 of Title 40. (2) A person shall not advertise, display, sell, or offer for sale any used motor vehicle unless such vehicle is lawfully titled and registered in such person's name in accord ance with the applicable provisions of Chapters 2 and 3 of Title 40. (d) Any law enforcement officer or agency, the board, or the owner or lessee of any real property upon which a vehicle is displayed or parked in violation of subsection (a) or (c) of this Code section for longer than 24 consecutive hours may have any such vehicle towed from such real property and stored at the expense of the owner or lessee of such vehicle and may then dispose of said vehicle in accordance with Chapter 11 of Title 40, relating to abandoned motor vehicles. (e) A violation of this Code section shall constitute an unfair or deceptive act or practice and shall be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Busi ness Practices Act of 1975.' A violation of this Code section may be penalized as pro vided hi Code Section 43-47-21 or any other applicable provision of this Code, including but not limited to the 'Fair Business Practices Act of 1975.' (f) This Code section shall not apply to any person licensed under this chapter or to any franchised motor vehicle dealer or any subsidiary wholly owned or controlled by such dealer. This Code section shall not eliminate or change the requirement for any person to obtain a license under this chapter if such person engages in any conduct or activity for which a license is required under this chapter. (g) Any person who violates any provision of this Code section shall be deemed to be a licensee for the purpose of imposing sanctions and penalties under this chapter and for the purpose of granting the board jurisdiction over such violator.
43-47-8.2. A used motor vehicle dealer shall not engage in any activity as a used motor vehicle dealer except at such dealer's established place of business which has been registered under Code Section 40-2-38 or at temporary sites not more than three times in any one calendar year."
SECTION 4. 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 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Burkhalter of the 41st, Roberts of the 162nd and Parham of the 122nd move to amend the Floor substitute to HB 1683 as follows:
On page 4 on line 19 strike "knowingly allow" and insert "authorize".
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien YAndereon YAshe

Y Bailey Y Bannister YBarfoot

N Barnard Y Barnea Y Bates

Y Benefield Birdsong
Y Bohannon

Y Bordeaux Y Bradford Y Breedlove

THURSDAY, MARCH 5, 1998

1411

Y Bridges Y Brooks Y Brown EBuck YBuckner YBunn YBurkhalter YByrd Y Campbell
Y Canty YCaah Y Channel!
YCbildere Y Clark
Coan YColeman, B YColeman, T YConneU Y Cooper NCrawford NCrews YCulbreth N CummingB YDavia, G NDavis, M EDay YDeLoach,B YDeLoach, G YDU NDixon YDobbs Y Dukes YEhihart

Epps Y Evans YEverett YFelton
Floyd N Franklin Y Golden Y Graves YGreene N Grindley Y Hammontree
Manner E Harbin
Y Heard YHecht YHeckstall Y rugstroin YHenson Y Holland Y Holmes Y Houston Y Howard NHudgens Y Hudson, H Y Hudson, N YHugley Ylrvin
Jackson
Y James YJamieson YJenkins Y Johnson YJohnston

Y Jones N Joyce NKaye NLadd NLakly
Lane YLee N Lewis YLord
Lucas YMaddoi NMann Y Manning Y Martin, J Y Martin, J.L
NMassey NMcBee YMcCall
Y McClinton N McKinney
N Mills Mobley
YMosley YMueller YO'Neal YOrrock YParham YParruh Y Parsons YPelote Y Perry YPinholster YPoag

YPolak Y Ponder Y Porter Y PoweU YPurcell YRagas YRandall
YRay Y Reaves Y Reichert YRice
Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder YScarlett EScheid Y Scott N Shanahan YShaw YSherrill YShipp YSims NSinkfield Y Skipper Y Smith, C N Smith, C.W
Smith, L Y Smith, L.R Y Smith, P N Smith, T

N Smith, V YSmyre YSnelling YSnow Y Stalling? Y Stancil, F YStancil, S Y Stanley, L
Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTfflman N Titus NTolbert YTrense Y Tumquest YTwiggs Y Walker, L
N Walker, R.L Y Watson YWest Y Westmoreland
Whitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 135, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1683 was ordered immediately transmitted to the Senate.

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

HB 1784. By Representatives Royal of the 164th, Murphy of the 18th, Coleman of the 142nd, Buck of the 135th, Walker of the 141st and others:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use taxes, so as to provide for the distribution of certain unidentifiable sales and use tax proceeds; to provide for a definition.

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use taxes, so as to pro vide for the distribution of certain unidentifiable sales and use tax proceeds; to provide for a definition; to provide procedures, conditions, and limitations; to provide for certain release, accord, and satisfaction of certain requests and claims; to provide for powers, duties, and authority of the state revenue commissioner; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use taxes, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-8-67, to read as follows:
"48-8-67.
(a) As used in this Code section, the term 'authorized recipient' means the state, special districts, counties, or municipalities, or any combination thereof, as determined by gen eral law, applicable local constitutional amendment, or Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965," which specifies the entities to whom the commissioner is directed to distribute the proceeds of sales and use taxes. (b) When a dealer makes a return with insufficient information to identify proceeds as being attributable to retail sales, retail purchases, rentals, storage, use, or consumption of tangible personal property or services occurring within a particular special district or particular county, the commissioner shall make reasonable efforts to obtain the informa tion needed to make a distribution of those proceeds. When the information cannot be obtained, the commissioner shall allocate unidentifiable proceeds among the authorized recipients in the same proportion as the proceeds of the sales and use taxes are other wise allocated and distributed to the authorized recipients. Each allocation of unidentifiable proceeds shall be calculated by determining each authorized recipient's pro rate share of identifiable proceeds collected during the same period of time in which the unidentifiable proceeds to be allocated were collected. Each authorized recipient's pro rate share of the unidentifiable proceeds for each such collection period shall be the same as that authorized recipient's pro rate share of the identifiable proceeds for the same collection period. (c) The initial allocation of such unidentifiable proceeds shall be distributed in the man ner consistent with subsection (b) of this Code section before July 1, 1998, and such allocation shall include all amounts of such unidentifiable proceeds that have been col lected subsequent to June 30, 1997, and prior to April 1, 1998, and which have not been distributed by the commissioner at the time of the initial distribution. In lieu of interest earned on such unidentifiable proceeds, an amount equivalent to 5 percent of the initial distribution amount shall be allocated and distributed by the commissioner in a similar manner, if funds are specifically appropriated for such purpose. (d) Following the initial allocation under subsection (c) of this Code section, allocations of unidentifiable proceeds shall be made by the commissioner according to a schedule provided for by rules and regulations of the commissioner but in no event less often than twice per year. (e) Information regarding proceeds distributed to authorized recipients pursuant to this Code section shall be identified by the commissioner, and such information shall be made available upon request.
(f)(l) The department shall at the time of the first distribution of such unidentifiable proceeds provide each authorized recipient with written notice advising each autho rized recipient that negotiation of the first distribution shall constitute a release and full accord and satisfaction for any and all refund requests or claims with respect to any sales and use tax collected prior to April 1, 1998, which the authorized recipient has or may have for recovery of any such tax funds. Negotiation of the first distribu tion shall also constitute full and complete acceptance of all the terms and conditions set forth in this Code section and shall bar any challenges to this Code section. (2) The department shall at the time of each subsequent distribution of such unidentifiable proceeds provide each authorized recipient with written notice advising each authorized recipient that negotiation of such distribution shall constitute a release and full accord and satisfaction for any and all refund requests or claims with respect to any sales and use tax collected during the distribution period specified by rules and regulations of the commissioner which the authorized recipient has or may

THURSDAY, MARCH 5, 1998

1413

have for recovery of any such tax funds. Negotiation of such distribution shall also constitute full and complete acceptance of all the terms and conditions set forth in this Code section and shall bar any challenges to this Code section, (g) The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient distribution of state and local sales and use tax proceeds in accordance with this Code section, (h) The authority of the commissioner to make distributions pursuant to this Code sec tion shall cease on December 31, 2000, unless such authority is extended by a subse quent general Act of the General Assembly."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Royal of the 164th and Jamieson of the 22nd move to amend the Commit tee substitute to HB 1784 by striking "(1)" on line 41 of page 2.
By striking lines 10 through 23 of page 3 in their entirety.

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1784 as follows:
Page 2 - Line 8 after the word "recipients" add:
providing no more than 5% of the returns are designated as unidentifiable.

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

Alien NAndenon NAshe N Bailey
Bannister NBarfoot N Barnard NBarnes N Bates NBenefield NBirdsong YBohannon N Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown EBuck N Buckner Y Bunn NBurkhalter N Byrd Y Campbell N Canty YCash N Channel! NChilders Y Clark

Y Coan N Coleman, B N Coleman, T N Cornell Y Cooper NCrawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M E Day N DeLoach, B N DeLoach, G
Dix N Dixon N Dobbs
Dukes YEhrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golden Y Graves N Greene Y Grindley

Y Hammontree N Banner E Harbin N Heard N Hecht N Heckstall N Hegstrom N Henson N Holland N Holmes N Houston Y Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston
Jones Y Joyce Y Kaye N Ladd N Lakly N Lane

N Lee N Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Mills
Mobley N Mosley Y Mueller N O'Neal
Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Poag N Polak N Ponder

N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reichert Y Rice N Richardson
Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett E Scheid N 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 N Smith, L.R

1414

JOURNAL OF THE HOUSE,

N Smith, P N Smith, T Y Smith, V N Smyre YSnelling NSnow N Stalling*

N Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague

NTeper N Thomas NTilhnan N Titus N Tolbert NTrense N Turnquest

NTwiggs N Walker, L Y Walker, R.L
Watson NWest N Westmoreland Y Whitaker

On the adoption of the amendment, the ayes were 45, nays 120. The amendment was lost.

Y Wiles N Williams, B
Williams, J
Y Williams, R NWorthan YYates
Murphy, Spkr

The following amendment was read:

Representative Culbreth of the 132nd moves to amend the Committee substitute to HB 1784 as follows:
On page 3, line 31 delete year "2000" and insert in its place "1998". Delete remainder of line 31 and all of line 32 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 Y Bannister NBarfoot Y Barnard YBames Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford Y Breedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty YCash N Channel! N Guilders Y Clark YCoan Y Coleman, B N Coleman, T NConnell Y Cooper Y Crawford Y Crews

Y Culbreth N Cummings N Davis, G Y Davis, M EDay YDeLoach, B YDeLoach, G
Dii NDixon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett NFelton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner E Harbin N Heard NHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N YHugley Ylrvin Y Jackson N James N Jamieson NJenktau Y Johnson YJohnston
Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas YMaddox YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall NMcClinton N McKinney Y Mills
Mobley N Mosley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons YPelote N Perry YPinholster NPoag NPolak Y Ponder N Porter
NPowell NPurcell
NRagas NRandall
NRay N Reaves NReichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder YScarlett EScheid
Scott N Shanahan NShaw NSherrUl YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 77, nays 92. The amendment was lost.

Y Smith, L.R N Smith, P N Smith, T Y Smith, V Y Smyre YSnelling NSnow NStallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens Y Taylor NTeague NTeper N Thomas NTilhnan N Titus N Tolbert YTrense N Turnquest NTwiggs
N Walker, L
Y Walker, RL
Watson
NWest
Y Westmoreland
Y Whitaker
Y Wiles
Y Williams, B
Williams, J
Y Williams, R
Y Worthan
Murphy, Spkr

The following amendment was read:

Representatives Ehrhart of the 36th, Kaye of the 37th and Barnes of the 33rd move to amend the Committee substitute to HB 1784 by striking from lines 6 through 8 of page 1 the following:

THURSDAY, MARCH 5, 1998

1415

"to provide for certain release, accord, and satisfaction of certain requests and claims;". By striking line 41 of page 2 through line 23 of page 3 in their entirety. By striking "(g)" and inserting in its place "(f)" on line 24 of page 3. By striking "(h)" and inserting in its place "(g)" on line 29 of page 3.

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

N Alien
NAndenon YAshe N Bailey Y Bannister NBarfoot N Barnard YBarnes Y Bates NBenefield NBirdsong YBohannon Y Bordeaux Y Bradford YBnedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn N Burkbalter NByrd Y Campbell Y Canty YCash N Channel! N Childera Y Clark YCoan Y Coleman, B NColeman, T NConneU
YCooper N Crawford Y Crews

YCulbreth N Cununings N Davis, G YDavis, M EDay
NDeLoach, B YDeLoach, G
Dii NDiion NDobbs N Dukes YEhrhart NEpps Y Evans YEverett NFelton NFloyd Y Franklin
N Golden Y Graves
NGreene YGrindley
Y Hammontree N Banner E Harbin N Heard
NHecht NHeckstall NHegstrom NHenson N Holland
Y Holmes N Houston N Howard YHudgens
N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson NJenkins N Johnson Y Johnston
Jones Y Joyce YKaye YLadd NLakly NLane NLee Y Lewis NLord N Lucas Y Maddoi YMann Y Manning N Martin, J Y Martin, J.L YMassey NMcBee NMcCall N McClinton NMcKinney Y Mills
Mobley NMosley Y Mueller NO'Neal NOrrock NParham

NParrish YPanons N Pelote N Perry
Pinholster NPoag NPoUk Y Ponder N Porter NPowell NPurcell YRagas NRandall NRay N Reaves NReichert YRice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder YScarlett E Scheid N Scott N Shanahan NShaw NSherrill YShipp 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 Y Smith, V NSmyre YSnelling NSnow NStaUings N Stencil, F
Stencil, S N Stanley, L N Stanley, P
NTaylor NTeague NTeper Y Thomas NTUlman N Titus NTolbert NTrense NTurnquest
Twiggs N Walker, L Y Walker, R.L N Wateon YWest N Westmorland YWhitaker Y Wiles Y Williams, B
Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 66, nays 101. The amendment was lost.

The following amendment was read and adopted:

Representatives Ehrhart of the 36th, Kaye of the 37th and Bames of the 33rd move to amend the Committee substitute to HB 1784 by inserting between "distribution." and "In" on line 25 of page 2 the following:
"Such initial distribution of unidentifiable proceeds to an authorized recipient shall be made separate and distinct from the regular distribution of identifiable proceeds to such authorized recipient."
By inserting at the end of line 36 of page 2 the following:
"Any such subsequent distribution of unidentified proceeds to an authorized recipient shall be made separate and distinct from the regular distribution of identifiable proceeds to such authorized recipient."

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JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1784 by inserting between "commissioner;" and "to" on line 9 of page 1 the following:
"to change certain provisions regarding required information and sales tax returns; to require certain information to be provided to the governing authority of the county; to provide for penalties; to provide for certain refunds;".
By striking the quotation marks at the end of line 32 of page 3 and by inserting between lines 32 and 33 of page 3 the following:
"(i) The return form required under Code Section 48-8-49 shall include an additional page which shall identify the business or company returning local sales and use taxes and shall state only the total amount of local sales and use taxes collected and reported on such form. Such additional page or pages as may be needed for reporting to multicounty governments such local sales and use taxes the vendor has collected in counties other than the county or counties where the business is located, or, in lieu thereof, a photocopy or photocopies, shall be filed with the governing authority of the county or counties, or the designee thereof, in order to facilitate the determination of the correct ness of the disbursement by the commissioner of the proceeds of local sales and use taxes. In the event the amount of such disbursement is less than the amount of funds the county is actually entitled to receive, the governing authority of the county, or desig nee thereof, may file a claim with the commissioner for the amount of such shortfall. If any such shortfall to be refunded by the commissioner is not refunded or not reconciled within 90 days following the date of receipt of such refund claim, such shortfall shall be refunded with interest at the rate of 9 percent per annum.
(j) Any person who fails to make the return required under this Code section or who makes a false or fraudulent return shall be required to pay a fine not to exceed $300.00.'"

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

Y Alien NAnderson NAshe N Bailey Y Bannister NBarfoot N Barnard NBaraes
Bates N Benefield NBirdsong YBohannon N Bordeaux Y Bradford NBnedlove Y Bridges N Brooks Y Brown
EBuck N Buckner YBunn
NBurkhalter NByrd Y Campbell N Canty YCasb N Channel! N Guilders Y Clark YCoan
Coleman, B

N Coleman, T N Cornell Y Cooper N Crawford Y Crews N Culbretb N Cummings N Davia, G Y Davis, M EDay YDeLoach, B YDeLoach, G NDii NDixon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett NFelton NFloyd Y Franklin N Golden Y Graves NGreene Y Grindley Y Hammontree N Manner E Harbin N Heard

NHecht NHeckstall NHegstrom NHenson N Holland N Holmes N Houston Y Howard NHudgens 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 YLord N Lucas NMaddox NMann

Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall NMcClinton NMcKinney Y Mills
Mobley NMosley Y Mueller YCCNeal NOrrock N Parham NParrish Y Parsons N Pelote N Perry Y Pinholster NPoag NPolak N Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves NReichert

YRice Y Richardson
Roberta N Rogers N Royal Y Sanders Y Sauder YScarlett EScheid N Scott N Shanahan NShaw NSherrill YShipp NSims NSinkfield 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 NSmyre YSnelling NSnow NStallings N Stencil, F Y Stencil, S N Stanley, L

THURSDAY, MARCH 5, 1998

N Stanley, P Y Stephens NTaylor NTeague NTeper

N Thomas NTillman N Titus NTolbert YTrense

NTurnquest NTwiggs N Walker, L
Y Walker, RL N Watoon

N West N Westmorland Y Whitaker
Y Wiles N Williams, B

On the adoption of the amendment, the ayes were 57, nays 113. The amendment was lost.

1417
Williams, J N Williams, R Y Worthan YYates
Murphy, Spin

The Committee substitute, as amended, was adopted.

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

Y Alien
YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard NBaraes Y Bates YBenefield
YBirdsong Y BohaDnon Y Bordeaux N Bradford
NBraedlove Y Bridges Y Brooks Y Brown EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty YCash YChannell YChilders Y Clark YCoan YColeman, B YColeman, T YConnell N Cooper Y Crawford Y Crews

YCulbreth
Y Davis, G NDavis, M EDay YDeLoach, B YDeLoach, G YDix YDixon YDobbs Y Dukes NEhrhart YEpps Y Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene N Grindley Y Hammontree Y Manner B Harbin Y Heard YHecht YHeckstall YHegstrom YHenson Y Holland N Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James YJamieson YJenkins Y Johnson Y Johnston Y Jones Y Joyce NKaye YLadd YLakly YLane YLee Y Lewis YLord Y Lucas YMaddox YMann
Y Martin, J Y Martin, J.L NMassey YMcBee YMcCall Y McClinton YMcKinney Y Mills
Mobley YMosley Y Mueller YO-Neal YOrrock YParham

YParrish N Parsons Y Pelote
Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas YRandall
YRay Y Reaves Y Reichert YRice Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders N Sauder YScarlett EScheid Y Scott Y Shanahan YShaw YSherrill
NShipp 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 YStancil, S Y Stanley, L Y Stanley, P Y Stephens Y Taylor
YTeague YTeper Y Thomas Y Tillman Y Titus Y Tolbert YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland Y Whitaker N Wiles Y Williams, B
Williams, J Y Williams, R Y Worthan YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

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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 1227.

By Representatives Reichert of the 126th, Birdsong of the 123rd, Randall of the 127th, Graves of the 125th and Lee of the 94th:
A resolution commending the Tattnall Square Academy girls basketball team and inviting the team and its coaches to appear before the House of Repre sentatives.

HR 1228. By Representatives Reichert of the 126th, Birdsong of the 123rd, Randall of the 127th, Graves of the 125th and Lee of the 94th:
A resolution commending Coach Richard Reid of Tattnall Square Academy.

HR 1232. 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 1233. By Representatives Barnes of the 33rd, Murphy of the 18th, Lee of the 94th and Walker of the 141st:
A resolution recognizing and commending Brett Morgan Butler.

HR 1234. By Representatives Mobley of the 69th and Brooks of the 54th: A resolution commending Gwendolyn Lenna Torrence.

HR 1235. By Representative Dixon of the 168th: A resolution commending Karah Kiley-Rae Cripe.

HR 1236. By Representative Dixon of the 168th:
A resolution proclaiming the play "The Legend of Lydia" the "Official Play of the Okefenokee".

HR 1237. By Representative Purcell of the 147th:
A resolution commending the 117th Air Control Squadron of the Georgia National Guard on its fiftieth anniversary.

HR 1238. By Representative Barnes of the 33rd: A resolution recognizing and commending Mark Wills.

HR 1239.

By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 268 in Bacon County as the Claude F. Vaughn Road and designating that a sign be erected below the official name of Sparrow Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Claude F. Vaughn".

THURSDAY, MARCH 5, 1998

1419

HR 1240. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Betty Ellis.

HR 1241. By Representative Lord of the 121st:
A resolution commending the New Zion Baptist Church on the occasion of its 100th anniversary.

HR 1242. By Representative Rogers of the 20th: A resolution recognizing and commending Lee Chapman.

HR 1243. By Representative Rogers of the 20th: A resolution recognizing and commending Sally Darden.

HR 1244. By Representative Pelote of the 149th:
A resolution congratulating Margaret Lovett on the occasion of her 70th birthday.

HR 1245. By Representatives Snelling of the 99th, Worthan of the 98th, Murphy of the 18th, Irvin of the 45th, Walker of the 141st and others:
A resolution commending Alesia Stanley.

HR 1246. By Representative Rogers of the 20th: A resolution recognizing and commending Charles A. Smithgall.

HR 1247. By Representative Ashe of the 46th: A resolution commending Dr. S. Anne Hancock.

HR 1248.

By Representatives Sims of the 167th, Smith of the 169th, Murphy of the 18th and Walker of the 141st:
A resolution commending the Citizens Christian Academy boys basketball team, the Pariots.

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

HR 1249.

By Representatives Davis of the 48th, Orrock of the 56th, Buckner of the 95th, Canty of the 52nd, Teague of the 58th and others:
A resolution commending the Georgia Commission on Women; inviting the members of the commission to appear before the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1609.

By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st:
A bill to amend an Act creating a new charter for the City of Albany, so as to provide for staggered terms of office of four years for the mayor and city commissioners.

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JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 1609 by striking in its entirety line 32 of page 2 and inserting in lieu thereof the following:
"the date and in conjunction with the general primary election in".

Representative Roberts of the 162nd moved that the House agree to the Senate amendment to HB 1609.
On the motion the ayes were 120, nays 0.
The motion prevailed.

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 142 Do Pass, by Substitute SB 586 Do Pass
Respectfully submitted, Is/ Twiggs of the 8th
Chairman

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

The Speaker assumed the Chair.

HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smith of the 12th and Greene of the 158th

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1998 and ending June 30, 1999; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, political subdivi sions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the total of $12,528,603,880 is hereinafter appropriated for the State Fiscal Year beginning July 1, 1998 and ending June 30, 1999, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a reve nue estimate of $11,849,775,000 for State Fiscal Year 1999, $148,828,880 in Indigent Care Trust Fund receipts and $530,000,000 from Lottery proceeds.

PARTI LEGISLATIVE BRANCH

Section 1.

Legislative Branch.

THURSDAY, MARCH 5, 1998

1421

F.Y. 1999

$27,326,947

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for
operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis lature and the National Conference of Insurance Legislators and other legislative organiza
tions, upon approval of the Legislative Services Committee; for membership in the Marine
Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Leg islative Services Committee authorizes the reconstruction or renovation of legislative office
space, committee rooms, or staff support service areas in any state-owned building other than the State Capitol, the committee shall measure the need for said space as compared
to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most effi cient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative
Budget Analyst, and the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, fur nishings, repairs, printing services, and other expenses of the Legislative Branch of Gov
ernment; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt
of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies
in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the
expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from fluids
appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro
priations.

Section 2. F.Y. 1999

Department of Audits. $23,983,057

PART II JUDICIAL BRANCH

Section 3. F.Y. 1999

Judicial Branch $110,323,099

PART III EXECUTIVE BRANCH

Section 4. F.Y. 1999

Department of Administrative Services. $40,447,636

Section 5. F.Y. 1999

Department of Agriculture. $41,577,156

Section 6. F.Y. 1999

Department of Banking and Finance. $9,603,314

Section 7.

Department of Community Affairs.

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JOURNAL OF THE HOUSE,

F.Y. 1999

$28,700,139

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for Loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.

Section 8. F.Y. 1999

Department of Corrections. $773,672,362

Section 9. F.Y. 1999

Department of Defense. $5,184,492

Section 10. F.Y. 1999

State Board of Education. $4,781,989,426

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,965.95. 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 the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 11. F.Y. 1999

Employees' Retirement System. $277,000

Section 12. F.Y. 1999

Forestry Commission. $35,195,415

Section 13. F.Y. 1999

Georgia Bureau of Investigation. $48,456,669

Section 14. F.Y. 1999

Office of the Governor. $29,633,527

Section 15. F.Y. 1999

Department of Human Resources. $1,208,358,117

Section 16. F.Y. 1999

Department of Industry, Trade and Tourism. $22,897,807

Section 17. F.Y. 1999

Office of the Commissioner of Insurance. $15,227,236

Section 18. F.Y. 1999

Department of Juvenile Justice. $200,741,536

Section 19. F.Y. 1999

Department of Labor. $20,969,326

Section 20. F.Y. 1999

Department of Law. $13,170,550

Section 21. F.Y. 1999

Department of Medical Assistance. $1,346,020,438

Section 22. F.Y. 1999

State Merit System of Personnel Administration. $12,190,678

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The Department is authorized to assess no more than $136 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 F.Y. 1999 shall not exceed 12.5 percent.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for F.Y. 1999 shall not exceed 8.66 percent.

Section 23. F.Y. 1999

Department of Natural Resources. $98,685,260

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50% of the excess receipts to supplant State funds and
the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to reve nues collected from a state parks parking pass implemented by the Department.

Section 24. F.Y. 1999

Department of Public Safety. $117,043,658

Section 25. F.Y. 1999

Public School Employees' Retirement System. $15,110,000

Section 26. F.Y. 1999

Public Service Commission. $8,365,637

Section 27. F.Y. 1999

Regents'. University System of Georgia. $1,478,879,425

The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fis cal Affairs Subcommittees.
The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing a health benefit reserve in the amount not to exceed twenty percent of total benefit payments for the fiscal year to which this appro priation act applies. Such transfers shall not require approval of either the Office of Plan ning and Budget or the Fiscal Affairs Subcommittee.
Of the above Lottery Funds, $15,000,000 from the Equipment, Technology and Con struction Trust Fund shall be used to match public and private grants to public colleges and universities. The Board of Regents shall allocate a minimum of $3,000,000 for educa tional and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.

Section 28. F.Y. 1999

Department of Revenue. $94,442,527

Section 29. F.Y. 1999

Secretary of State. $30,909,521

Section 30. F.Y. 1999

Soil and Water Conservation Commission. $2,143,075

Section 31. F.Y. 1999

Georgia Student Finance Commission. $253,946,125

Section 32. F.Y. 1999

Teachers' Retirement System. $3,800,000

Section 33. F.Y. 1999

State Board of Technical and Adult Education. $255,228,704

Provided, that none of the State funds appropriated in this section may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical

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school unless said school agrees to be governed by the State Board of Technical and Adult Education.

Section 34. F.Y. 1999

Department of Transportation. $572,604,268

For this and all future general appropriations acts, it is the intent that the following provisions apply:
(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
(b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
(c) Interstate Rehabilitation Funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
(d) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in this Section in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax appro priations.
(e) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, paragraph VI, Subsection (b) of the State Constitution.
(f) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt services on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and spe cific purpose of addressing the State's special need appropriation.

Section 35. F.Y. 1999

Department of Veterans Service. $19,805,993

Section 36. F.Y. 1999

State Board of Workers' Compensation. $11,147,967

Section 37. F.Y. 1999

State of Georgia General Obligation Debt Sinking Fund. $418,346,710

A. Budget Unit:
State General Funds (Issued)
Motor Fuel Tax Funds (Issued)

$ 320,253,170
35.000.000 $ 355,253,170

B. Budget Unit: State General Funds (New)
Motor Fuel Tax Funds (New)

$ 63,093,540
0 $ 63,093,540

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1425

With regards to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Funds" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appro priations of highest annual debt service requirements of the new debt are specified as fol lows:
From the appropriation designated "State General Funds (New)", $10,178,930 is spe cifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $114,370,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $12,934,815 is spe cifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal necessary or useful in connection therewith, through the issuance of not more than $145,335,000 in principal amount of Gen
eral 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)", $1,577,160 is specif
ically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $6,740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of
sixty months. From the appropriation designated "State General Funds (New)", $1,290,500 is specif
ically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $14,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of
two hundred and forty months. From the appropriation designated "State General Funds (New)", $1,053,000 is specif
ically appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec
tion therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of
sixty months. From the appropriation designated "State General Funds (New)", $1,250,005 is specif
ically appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia, by means of the acquisition, construction, development,
extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $14,045,000 in principal amount of
General Obligation Debt, the instruments of which shall have maturities not in excess of
two hundred and forty months. From the appropriation designated "State General Funds (New)", $307,710 is specifi
cally appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal necessary or useful in connection
therewith, through the issuance of not more than $1,315,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of sixty
months.

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From the appropriation designated "State General Funds (New)", $705,510 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,015,000 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)", $46,800 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $445,000 is specifi cally appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $305,715 is specifi cally appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,435,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $350,215 is specifi cally appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,935,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $89,000 is specifi cally appropriated for the purpose of financing projects for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,000,000 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)", $58,295 is specifi cally appropriated for the purpose of financing projects for the Georgia Agricultural Expo sition facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $91,260 is specifi cally appropriated for the purpose of financing projects for the Department of Industry,

THURSDAY, MARCH 5, 1998

1427

Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $390,000 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)", $131,275 is specifi cally appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,475,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $968,760 is specifi cally appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $4,140,000 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)", $351,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,500,000 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)", $937,170 is specifi cally appropriated for the purpose of financing Georgia L. Smith II Georgia World Con gress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,530,000 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)", $341,315 is specifi cally appropriated for the purpose of financing Georgia L. Smith II Georgia World Con gress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,835,000 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)", $1,780,000 is specif ically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local entities for water or sewer facilities or sys tems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred and forty months.
From the appropriation designated "State General Funds (New)", $445,000 is specifi cally appropriated for the Georgia Environmental Facilities Authority for the remediation, removal and replacement of state-owned underground and above ground storage tanks to meet federal regulations, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $142,400 is specifi cally appropriated for the purpose of financing projects for the State Forestry Commission,

1428

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by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,780,000 is specif ically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $4,094,000 is specif ically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $46,000,000 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)", $12,015,000 is spe cifically appropriated for the purpose of financing projects for the Department of Trans portation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $135,000,000 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)", $1,041,300 is specif ically appropriated for the purpose of financing projects for the Department of Transpor tation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $11,700,000 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)", $267,000 is specifi cally appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $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)", $160,290 is specifi cally appropriated for the purpose of financing projects for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $685,000 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)", $70,200 is specifi cally appropriated for the purpose of financing projects for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $97,900 is specifi cally appropriated for the purpose of financing projects for the Department of Juvenile

THURSDAY, MARCH 5, 1998

1429

Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $48,060 is specifi cally appropriated for the purpose of financing projects for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $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)", $48,060 is specifi cally appropriated for the purpose of financing projects for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $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)", $623,000 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $310,050 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,584,200 is specif ically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $97,900 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $149,760 is specifi cally appropriated for the purpose of financing projects for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $640,000 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)", $115,255 is specifi cally appropriated for the purpose of financing projects for the Georgia Bureau of Investi gation, by means of the acquisition, construction, development, extension, enlargement, or

1430

JOURNAL OF THE HOUSE,

improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,295,000 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)", $1,458,990 is specif ically appropriated for the purpose of financing projects for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $6,235,000 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)", $461,020 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $5,180,000 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)", $293,700 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $3,300,000 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)", $1,173,020 is specif ically appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $13,180,000 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)", $890,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $534,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $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.
Section 38. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 39. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.

THURSDAY, MARCH 5, 1998

1431

Section 40. Each and every agency, board, commission, and authority receiving appropriations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 41. In accordance with the requirements of Article IX, Section VI, Para graph l(a) of the Constitution of the State of Georgia, as amended, there is hereby appro priated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in exis tence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid hi full, and if for any reason any of the sums herein provided under any other provision of this Act are insuffi cient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 42. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Bud get utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 43. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.
Section 44. 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, fanners gasoline tax refund and any other refunds specifically authorized by law.
Section 45. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with federal funds.
Section 46. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly for this

1432

JOURNAL OF THE HOUSE,

State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Execu tive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common" object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publications and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.
(2) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount of each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 47. 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 48. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 49. Salary Adjustment

$352,199,083

In addition to all other appropriations for the State Fiscal Year ending June 30, 1999, there is hereby appropriated $352,199,083 for the purposes described herein; 1.) To provide a general salary adjustment of 0% to 7% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are in conformance with the GeorgiaGain pay for performance system). 2.) To provide a general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are contingent on an employee receiving at least "satisfactory" or "meets expectations" on his or her annual performance appraisal). 3.) 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

THURSDAY, MARCH 5, 1998

1433

amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropria tion for this purpose determined according to an effective date of October 1, 1998. 4.) To provide a cost of living adjustment of 2% for members of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 5.) To provide for a 6% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of this appropri ation for this purpose determined according to an effective date of September 1, 1998. 6.) To provide for 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, 1998. 7.) In addition to the general salary 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, 1998, such that the total increase on an annualized basis is 6 percent. 8.) In lieu of item 1 above, to provide a 6% funding level for merit increases for the Regents faculty and support personnel with the amount of appropriation for this purpose determined according to an effective date of July 1, 1998 for non-academic per sonnel and of September 1, 1998 for academic personnel. 9.) In addition to the general sal ary adjustment in item 1 above, to provide in range salary adjustments and an additional 5% criteria-based in-range salary adjustment for Peace Officer Standards Training certi fied personnel in the Juvenile Correctional Officer job class series within the Department of Juvenile Justice, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 10.) In addition to the general salary adjustment in item 1 above, to provide in range salary adjustments for certain administra tive law judges and certain support personnel in the Office of State Administrative Hear ings, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 11.) In addition to the general salary adjustment in item 1 above, to provide in range salary adjustments for special agents and scientists in the Georgia Bureau of Investigation in order to raise the salaries of special agents and scientists having salaries below the GeorgiaGain established target salaries for these posi tions to the GeorgiaGain established target salaries for these positions, and provide a 4% increase for special agents and scientists presently earning salaries above the GeorgiaGain established target salaries for these positions, with the amount of the appropriation for these purposes determined according to an effective date of October 1, 1998. 12.) In addi tion to the general salary adjustment in item 1 above, to provide in range salary adjust ments for enforcement and certain support personnel within the Public Service Commission with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 13.) In addition to the general salary adjustment in item 1 above, to provide a 3.5% funding level for salary adjustments for certain posi tions within the Department of Law, with the amount of the appropriation for this pur pose determined according to an effective date of October 1, 1998. 14.) In addition to the general salary adjustment in item 1 above, to provide salary adjustments of up to 5% for personnel in designated state agencies who sucessfully complete the primary accounting series of courses offered through the State Financial Management Certificate Program, with the amount of the appropriation for this purpose determined according to the effec tive date an employee successfully completes this series of courses.

Section 50. F.Y. 1999

TOTAL STATE FUND APPROPRIATIONS $12,528,603,880

Section 51. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 52. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

1434

JOURNAL OF THE HOUSE,

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $11,849,775,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1999.

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....................................................................$

27.326.947 14,592,572 4,005,367 2,647,935
107,000 7,000 0
519,200 218,000 835,450
5,000 652,500 85,422
2,418,701 100,000
1.132.800 27,326,947 27,326,947

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

4,378,090

791,800

1.206.454

$

6,376,344

$

4,378,090

$

791,800

$

1.206.454

$

6,376,344

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

10,700,501 470,111
1.413.670 12,584,282

10,700,501 470,111
1.413,670 12,584,282

THURSDAY, MARCH 5, 1998

1435

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities
Budgetary Responsibility Oversight Committee
Total

$

2,877,166

$

2,149,952

$

1,054,411

$

1,907,942

$

376.850

$

8,366,321

$

2,877,166

$

2,149,952

$

1,054,411

$

1,907,942

$

376.850

$

8,366,321

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 not withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances
shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies
in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

23.104.495 19,629,532
723,274 597,740 315,374 17,500 928,827 53,800 646,910 191.538 23,104,495 23,104,495

1436

JOURNAL OF THE HOUSE,

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....................................................................!

99.504.926 13,477,801 82,609,576 3,022,726 1,576,573
40,500 500,000 541.000 101,768,176 99,504,926

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

7,028,816 8,501,549 39,349,804
31,441,571 1,279,908
782,114 5,478,769
166,759 4,749,709
2,691,786
297.391 101,768,176

6,220,107 8,451,549 39,275,804
30,217,300 1,279,908
782,114 5,399,499
166,759 4,749,709
2,691,786
270.391 99,504,926

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..............................................,.........................!

40.341.688 58,424,530 12,758,190
499,767 794,834 1,533,408 1,313,978 3,569,350 377,031 1,296,952 9,628,892
0 0
0 61,155,300
733,484 20,039,840

THURSDAY, MARCH 5,1998

1437

Public Safety Officers Indemnity Fund ......................................$ Health Planning Review Board Operations ................................$
Payments to Aviation Hall of Fame ............................................$ Payments to Golf Hall of Fame....................................................$ Alternative Fuels Grant .................................................................$ Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................!

550,000 35,000
48,500 75,000 232.500 173,066,556 40,341,688

Departmental Functional Budgets

Total Funds

State Funds

Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

$

9,705,146

7,625,107

31,935,600

117,557,072

653,599

1,551,515

4.038.517 173,066,556

2,204,082 4,198,923
232,500 29,078,366
653,599 209,870
3.764,348 40,341,688

B. Budget Unit: Georgia Building Authority ..

..$

Personal Services...........................................

..!

Regular Operating Expenses .......................

Motor Vehicle Purchases ...............................................................$

Computer Charges............................................................. ..............$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!
Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$
Contractual Expense............................................. ..........................$ Facilities Renovations and Repairs ..............................................$ Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

0 20,960,433 15,551,099
117,000 200,000 196,800 268,100 15,071 232,970
430,000
0
0
0
0
37,971,473 0

Departmental Functional Budgets

Total Funds

State Funds

Administration Facilities Program
Operations Security
Sales Van Pool Total

12,932,284 2,268,723 11,581,408 6,529,238 4,276,672
383.148 37,971,473

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........................................................................!

37.521.368 31,793,134
4,307,615 1,110,000
302,000 440,136 667,341 814,475

1438

JOURNAL OF THE HOUSE,

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....................................................................?

412,585 1,159,741
983,240
2,998,426
2,865,269 275,000 35,000 175,000
756,639 0
150,000 0
40,000 0
49,285,601 37,521,368

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing
Internal Administration Fuel and Measures
Consumer Protection Field Forces Seed Technology Total

$

8,715,154

$

15,908,406

$

5,782,790

$

6,644,885

$

3,659,975

$

7,959,213

$

615.178

$

49,285,601

7,934,154 12,776,271
2,107,790 6,457,885
5,530,275 4,714,993
0 37,521,368

B. Budget Unit: Georgia Agrirama Development Authority .......................................................... ..$
Personal Services..................................................................... ..$ Regular Operating Expenses .................................................
Motor Vehicle Purchases ...............................................................$ Equipment..................................... ...................................................$ Computer Charges............................................ ...............................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................^

0 938,623 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120.000 1,552,217
0

Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance............... ..........$
Personal Services..................................... ........................................$ Regular Operating Expenses .........................................................$

9.603.314
7,753,800 448,929
403,199

THURSDAY, MARCH 5, 1998

1439

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................}
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

112,380 136,122 277,396
385,053 73,000 13.435 9,603,314
9,603,314

Section 7. 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......................................................................................! Home Program................................................................................!
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..................................................................................! Regional Economic Development
Grant Program.............................................................................! Targeted Regional Assistance Program.......................................! Administrative Cost Allocation.....................................................!
Contracts for Homeless Assistance...............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

29.008,981 7,579,270
413,364 270,850
0 61,368 646,430 1,490,712 316,124 151,110
0
1,959,945 251,250 133,355
30,000,000
2,368,198 2,717,047
0 650,000 737,260 3,281,250 753,839
5,225,000 0
316,488 189,073 1,187,500
0 0 0 1,250,000 61,949,433 29,008,981

Departmental Functional Budgets

Total Funds

State Funds

Executive Division
Research and Information Division Planning and Management Division Business and Financial Assistance
Division

1,593,920 6,172,074
0
38,601,442

1,593,920 5,997,546
0
7,527,885

1440

JOURNAL OF THE HOUSE,

Housing and Finance Division Accounting, Audits and
Administration Division Rental Assistance Division Total

15,581,997 0
61,949,433

$

0

$

13,889,630

$

0

$

29,008,981

Section 8. 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 Coet8.......................................................................................$ 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....................................................................?

731.359.428 511,109,766 63,344,713
2,461,494 2,029,180 4,065,280 5,497,266 6,002,776 6,855,910 13,748,631 1,000,000 23,106,948 1,200,000 20,188,333 6,550,695
0 1,093,624
3,959,700
1,556,055 577,160
1,458,972 73,497,764
66,620
366,244 894.000 750,631,131 450,000
0 731,359,428

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

15,928,970 50,438,555 13,293,432 62,364,773 608.605.401 750,631,131

15,571,970 48,213,036 13,293,432 61,884,773 592.396.217 731,359,428

B. Budget Unit: Board of Pardons and Paroles...............................? Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................?

45.674,959 35,467,984
1,654,700 565,000 272,500 194,425 591,200

THURSDAY, MARCH 5, 1998

1441

Real Estate Rentals ........................................................................$
Telecommunications.......................................................................* Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy........................................................................$
Health Services Purchases.............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................*

2,785,000
965,000 2,293,650
860,500
25.000 45,674,959 45,674,959

Section 9. Department of Defense. Budget Unit: Department of Defense ................................................$
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................*
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................*
Computer Charges...........................................................................* Real Estate Rentals ........................................................................* Telecommunications.......................................................................*
Per Diem, Fees and Contracts ......................................................* Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................*
State Funds Budgeted....................................................................*

5.451,742 10,851,280 10,392,732
38,375 0
8,000 45,625 24,400 60,915 454,200
0 21,875,527 5,451,742

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

1,652,572
5,710,336 14.512.619 21,875,527

1,437,572 633,290
3.380.880
5,451,742

Section 10. 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................................................................................................*

4.508.759.760
37,101,325 5,051,715 1,008,098
20,000 134,114 9,848,573 1,351,182 1,221,054 51,321,639 793,952
0
1,122,923,908 938,314,910 396,233,199 189,059,076 131,549,232 471,599,111 83,554,134 102,582,788
34,768,010 121,325,430

1442

JOURNAL OF THE HOUSE,

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)......................................................................! State and Local Education Improvement ...................................$ 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........................................................................................! PSAT.................................................................................................! Student Record................................................................................! 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 H 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......................................................!

755,199,906 144,825,858 (806,748,905)
0 0
204,279,413 3,158,000 28,719,668 99,814,143 87,308,728 620,134 16,541,699
143,999,894 5,508,750 54,732,103 2,300,000 47,221,626
188,375,722 32,516,769 4,552,565
1,491,147 10,214,970 3,582,246 23,542,926 3,884,639 3,500,000 11,612,498
293,520 2,390,824
756,500 981,050 29,829,742 9,663,513
14,395,919 601,772
1,690,215 500,000
11,625,943 4,632,785 1,227,493 5,042,895
273,723
99,047,892 18,046,866 1,594,500 1,608,000
382,597 4,340,000 1,689,931 13,191,644
100,000

THURSDAY, MARCH 5, 1998

1443

Pay for Performance.......................................................................! Mentoring Program.........................................................................$ Charter Schools ...............................................................................$ Technology Specialist .....................................................................$
Migrant Education..........................................................................! Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding .................................................) State Funds Budgeted....................................................................!

7,000,000 600,000 45,000
15,401,836 274.395
5,017,744,504
340,000
4,508,759,760

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

$

9,124,830

$

43,378,779

$

1,063,774

$

5,979,862

$

6,501,837

$

21,103,630

$

960,607

$ 4,910,242,852

$

5,838,561

$

4,859,951

$

5,623,226

$

3.066.595

) 5,017,744,504

)

7,662,136

$

38,399,256

$

986,185

$

5,979,862

$

391,213

$

19,698,591

$

960,607

$ 4,418,363,054

$

5,477,880

$

4,620,855

$

5,142,484

$

1.077.637

) 4,508,759,760

B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Financial and Management Equipment ......................................$ Alternative Programs......................................................................$ Educational Technology Centers ..................................................$ Distant Learning - Satellite Dishes..............................................$ Technology Specialist .....................................................................$ Capital Outlay .................................................................................$ Post Secondary Options .................................................................) Learning Logic Sites .......................................................................$ Assistive Technology.......................................................................) Computers in the Classroom .........................................................$ Total Funds Budgeted....................................................................) Lottery Funds Budgeted ................................................................$

259.582.689 217,828,959
1,500,000 9,006,730
0
660,000 0 0
0 1,800,000
0
2,000,000 26.787.000
259,582,689 259,582,689

Section 11. 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 2,042,086
230,100 18,000
0 1,450 556,432 327,900 44,001 1,363,105
0 4,583,074
0

Section 12. Forestry Commission.

1444

JOURNAL OF THE HOUSE,

Budget Unit: Forestry Commission ....................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment....................... .................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Ware County Grant ........................................................................$ Ware County Grant for Southern Forest World. .......................$ Ware County Grant for Road Maintenance ...............................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

34.624.593 28,197,560 5,738,394
162,613 1,421,975 1,649,581
274,000 21,420
1,160,555 813,221
0 28,500
60,000 241.752 39,769,571 34,624,593

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

2,028,601 33,414,907
4.326.063 39,769,571

0 30,466,685
4.157.908 34,624,593

Section 13. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges........ ...................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................? Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

48.894.828 37,870,029 4,822,001
439,879 294,000 580,490 600,000 312,645 1,014,739 2,477,045
484,000
0
48,894,828 48,894,828

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative
Georgia Crime Information Center Forensic Sciences Total

4,260,862 24,346,508
8,381,645 11.905.813 48,894,828

4,260,862 24,346,508 8,381,645 11.905.813 48,894,828

Section 14. Office of the Governor. A. Budget Unit: Office of the Governor.............................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................?
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................?

29.508.811 15,534,246 1,019,049
220,590
0 63,161

THURSDAY, MARCH 5, 1998

1445

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 ................................................................$
Transition Fund ..............................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

709,970 991,557 449,586 3,443,485 3,211,646
40,000 3,225,000
148,913 3,950,000
241,500
175,000 0
262,605
1,915,800 100,000 684,400
1,085,968 0
57,000
50.000 37,579,476 29,508,811

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 Governor's Commission for the
Privatization of Government
Services Total

6,675,559
1,029,729 7,547,274 5,201,197 3,320,398
652,695
1,380,462
2,738,567 297,849
3,803,351
4,932,395
0 37,579,476

6,675,559
774,193 7,547,274 4,583,059 3,201,398
652,695
299,593
576,567 297,849 3,803,351
1,097,273
0 29,508,811

Section IS. Department of Human Resources.
Budget Unit: Department of Human Resources.......... 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.......................................................

1.202.819.556

...$

65,704,941

...$

2,406,474

1,530,637

1,573,678

102,863

6,281,268

10,829,405

12,095,660

1446

JOURNAL OF THE HOUSE,

Telecommunications .......................................................................$ Special Purpose Contracts .............................................................$ Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................$ Major Maintenance and Construction .........................................$ Postage..............................................................................................? Payments to DMA-Community Care...........................................? Grants to County DFACS - Operations ......................................$ Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

712,292 100,000 46,486,389 49,878,569
89,214 918,452 21,876,790
0 220,586,632
412,600 134,704,522

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Office of Planning and Budget
Services Office of Adoption Children's Community Based
Initiative Troubled Children'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

1,055,193
4,029,993 1,217,675
8,461,749 46,486,389 41,142,974 6,962,609
580,053 3,057,104 10,665,342 6,445,838 8,298,031 1,882,808 7,269,057
0 1,183,198 68,401,040 1,784,315 1.663.264 $ 220,586,632

?

1,055,193

?

4,029,993

?

1,217,675

?

8,086,749

?

33,335,726

?

25,280,389

?

5,708,613

?

570,053

?

3,057,104

?

4,975,061

?

2,307,537

?

6,473,016

?

1,882,808

?

7,269,057

? (11,504,105)

?

1,183,198

?

38,042,976

?

1,684,315

?

49.164

? 134,704,522

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...............................................................? Major Maintenance and Construction.........................................? Postage..............................................................................................? Medical Benefits..............................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

49,124,957 75,343,572
838,520 0
195,367 1,283,987 4,707,289 1,657,026 1,045,683
280,732 16,283,090 138,375,022
34,500 100,757 5.202.222 294,472,724 549,718 158,204,087

THURSDAY, MARCH 5, 1998

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health
Stroke and Heart Attack Prevention
Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants
Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services
Emergency Health Primary Health Care
Epidemiology Immunization Community Tuberculosis Control
Family Health Management Infant and Child Health Maternal Health - Perinatal
Chronic Disease Diabetes Cancer Control
Director's Office Injury Control Health Program Management
Vital Records Health Services Research Environmental Health
Laboratory Services Community Health Management AIDS
Vaccines Drug and Clinic Supplies
Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect
Cost Total

$

12,776,682

$

1,590,957

$

1,583,411

$

2,299,215

$

4,345,996

$

5,251,681

$

3,110,765

$

10,916,016

$

83,489,892

$

68,722,808

$

13,287,527

$

3,258,061

$

1,468,305

$

1,258,344

$

1,549,433

$

5,972,288

$

845,641

$

996,314

$

2,555,287

$

377,127

$

571,927

$

5,243,367

$

1,336,607

$

466,337

$

268,749

$

2,036,845

$

2,566,747

$

2,208,471

$

6,487,912

$

226,463

$

10,099,523

$

7,343,045

$

3,397,000

$

13,185,415

$

177,825

$

13,200,741

$

0

$ 294,472,724

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...............................................................................

1447

State Funds

$$$

12,647,007 1,376,126 1,261,236

$

1,186,603

$

3,572,177

$$$

5,139,681 1,099,593 5,858,237

$ $

0 67,575,955

$

6,511,220

$$$$

1,909,348 1,364,203 1,002,140
0

$

4,510,895

$

666,755

$

514,680

$

1,104,183

$

377,127

$

571,927

$

5,243,367

$

1,081,907

$

315,199

$$

268,749 1,788,311

$

2,343,929

$$

1,696,598 6,217,912

$

226,463

$$

5,842,151 0

$$$

2,640,380 2,761,811
160,328

$

10,903,607

$ (1,535,718) $ 158,204,087

80,610,821 11,588,954 1,499,267
50,582 751,574 3,881,138 8,649,739 2,412,235 2,074,859 29,830,191

1448

JOURNAL OF THE HOUSE,

Special Purpose Contracts .............................................................$ Purchase of Services Contracts.....................................................? Major Maintenance and Construction .........................................$ Utilities .............................................................................................$
Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

685,245 11,833,883
255,000 859,650 759.287 155,742,425 50,000 25,070,696

Departmental Functional Budgets

Total Funds

State Funds

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

61,497,774 718,949
539,118 10,444,480
4,078,958 694,540
38,885,198 12,608,006 26.275.402 155,742,425

?

12,655,921

?

283,969

?

539,118

?

3,585,422

?

1,226,551

?

694,540

?

0

?

871,726

?

5.213.449

?

25,070,696

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....................................................................?

46,456,190 4,841,303
1,139,360 0
443,950
3,745,843 26,928,649
29,265,937 9,335,184 3,288,191 281,422,326
6,494,933 259,366,497 39,726,239
2,037,559 315.487.341 1,029,979,502
2,565,582 373,316,766

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 Temporary Assistance for Needy

501,955 4,045,426 3,286,638 3,959,690 10,929,372 1,084,207 2,647,558 30,147,107 1,496,267 72,318,728

?

501,955

?

3,533,385

?

3,007,335

?

3,959,690

?

648,999

?

1,084,207

?

1,641,767

?

12,407,670

?

1,496,267

?

11,936,201

THURSDAY, MARCH 5,1998

1449

Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total

271,131,764 I,122,012 2,799,420 7,223,130
118,297,960
97,292,183 3,190,752
8,411,330
69,344,693
22,141,175 44,257,515 4,290,503 36,785,262 16,945,290 5,146,142 29,642,834 II,544,785 143,320,622
3,386,991 3,288,191
0 1,029,979,502

53,247,444 1,122,012
0 0
58,279,295
36,738,652 0
2,292,636
33,899,832
8,268,189 15,861,742 2,520,990 23,915,275 12,572,782 4,298,815 20,265,658 9,718,081 53,486,937 3,322,759 3,288,191 (10.000,000) 373,316,766

5. 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.............................................

...$

296,007,891

...$

53,045,721

...$

200,000

...$

10,539,760

...$

1,962,161

...$

329,486.760

...$

691,242,293

...$

2,092,200

...$

511,523,485

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

40,188,848 0
9,057,438
18,231,500
25,333,292
29,725,567 124,150,139
18,831,472
53,511,956

24,870,910 0
8,724,907
16,344,608
16,494,024
22,156,682 81,405,898
17,200,651
28,619,846

1450

JOURNAL OF THE HOUSE,

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

19,630,902 3,882,958 1,000,948 162,401,334
102,382,898
67,484,838 10,524,337 4.903.866 691,242,293

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 .......................................................................$ Operating Expenses ........................................................................$ Community Services .......................................................................$ Case Services....................................................................................$ Children's Trust Fund....................................................................? Cash Benefits ...................................................................................$ Special Purpose Contracts .............................................................$ Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Major Maintenance and Construction.........................................! Utilities .............................................................................................$ Postage..............................................................................................? Payments to DMA-Community Care...........................................? Grants to County DFACS - Operations ......................................$ Medical Benefits..............................................................................$

Section 16. 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.....................................?

16,844,663 2,974,023
939,794 156,470,203
71,210,419
35,887,158 7,002,881 4.376.818 511,523,485
537,904,800 94,180,303 5,007,784
1,824,260 1,493,754 15,192,236 51,115,082 45,430,858 13,168,018 53,045,721 329,486,760 29,830,191 3,288,191 281,422,326 7,560,910 305,852,886 117,721,781 138,375,022 2,340,875 11,399,410 3,816,055 21,876,790 315,487,341 5,202,222
22.249.919 10,999,886 1,152,367
510,715 16,200 107,067
459,480 886,245 400,700 1,382,970 248,100 6,036,189
0 0 50,000 0

THURSDAY, MARCH 5, 1998

1451

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

22,249,919 22,249,919

Departmental Functional Budgets

Total Funds

State Funds

Administration
Economic Development Trade Tourism
Georgia Legacy Strategic Planning and Research Total

8,302,260
4,602,675 1,780,682 4,355,476
1,059,206 2.149.620 22,249,919

8,302,260 4,602,675
1,780,682 4,355,476 1,059,206 2.149.620 22,249,919

Section 17. Department of Insurance. Budget Unit: Department of Insurance .............................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Health Care Utilization Review....................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

15.324.293
14,028,714 689,017 446,000 122,500
46,879 160,778 816,991 328,712 144,658
0 16,784,249
15,324,293

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration
Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations
Special Insurance Fraud Fund Total

4,106,210 5,957,161
607,682
5,308,519 804.677
16,784,249

!

4,106,210

!

5,957,161

!

607,682

!

3,848,563

!

804,677

!

15,324,293

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice ..................................$
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....................................................................!

200.440.411 123,363,078 12,793,940
1,271,830 227,500 724,074 653,602
1,898,885 1,233,181 9,503,783 3,602,520
652,485 0
18,689,285 31,994,393
0 206,608,556

1452

JOURNAL OF THE HOUSE,

State Funds Budgeted...............................................................

200,440,411

Departmental Functional Budgets

Total Funds

State Funds

Regional Youth Development Centers
Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsvffle YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Georgia Addiction Pregnancy and
Parenting Project Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Total

44,668,701 17,285,365 11,964,855 7,447,078 6,111,330 16,139,786 28,465,804 12,761,102 21,549,065
391,205 1,125,080 22,560,625
150,000 1,824,934
542,361 3,981,374 9.639.891 206,608,556

43,174,043 16,621,853 11,458,425 7,197,094 5,823,771 15,471,696 27,635,629 12,401,102 21,489,661
391,205 1,125,080 21,602,292
150,000 1,824,934
542,361 3,891,374 9.639.891 200,440,411

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....................................................................!

10.989.326 76,523,595 6,870,433
1,330,000 0
464,000 3,198,000 2,017,900 1,465,339 54,500,000 5,179,867
0 1,774,079
0 153,323,213 10,989,326

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....................................................................!

13.151.387 12,382,434
816,949 199,322
0 21,000 305,201 826,548 145,924 16,160,000 147.000 31,004,378 13,151,387

THURSDAY, MARCH 5, 1998

1453

Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services......................................... ............$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
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....................................................................$

1.215.790.009 19,828,849 5,595,000 312,930 165,000 359,000 40,361,600 892,880 566,600 64,167,915
3,341,123,155 772.500
3,474,145,429 1,215,790,009

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances System Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total

1,536,016
3,341,123,155 46,965,095 2,764,854 9,021,308 4,096,111 9,005,032 6,899,605 52.734.263
3,474,145,429

733,102
1,185,737,589 13,185,048 1,127,888 3,418,090 1,634,261 4,502,516 2,970,440 2.481.075
1,215,790,009

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits.............................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

148.828.880 8,200,000
364.183.084 372,383,084 148,828,880

Section 22. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel Administration........................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Equipment........................................................................................? Real Estate Rents...........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Health Insurance Payments..........................................................? Total Funds Budgeted....................................................................? Other Agency Funds.......................................................................? Agency Assessments........................................................................? Employee and Employer Contributions......................................? Deferred Compensation..................................................................? State Funds Budgeted....................................................................?

12.190.678 9,825,111 1,998,626
122,000 50,495 975,630 309,569,587 3,813,928 387,915 926.379,243 1,253,122,535 38,506,511 9,634,504 1,192,453,417 337,425 12,190,678

1454

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Children's Health Insurance
Program Total

$

2,388,498

$

5,227,833

$ 1,192,174,488

3,797,442

$

49.534,274

$ 1,253,122,535

0 0 0 0
12.190.678 12,190,678

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.......................................................* Solid Waste Trust Fund ................................................................* Payments to Georgia Agricultural Exposition
Authority ......................................................................................* Payments to Mclntosh County.....................................................* Total Funds Budgeted....................................................................*

96.744.580 75,618,515 14,119,875
623,961 1,805,910 2,434,309 2,444,702 6,462,829
836,964 1,282,872
0 675,000 1,304,556
978,810 2,738,000
213,750 722,330 350,000 1,300,000 26,250
0 500,000
800,000 161,000
0 0
0 0
170,047 205,522
300,000
0 31,000 7,895,077 6,132,574
2,009,440 100.000
132,243,293

THURSDAY, MARCH 5,1998

1455

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....................................................................$

891,069
2,663,931
0
1,429,219 200,000
96,744,580

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

4,800,123

$

3,052,646

2,457,878

37,500,909 2,441,126 35,995,409
45,054,865 940.337
132,243,293

$

4,785,123

$

3,052,646

$

1,967,878

18,391,022 1,946,408 30,893,618 34,767,548
940.337 96,744,580

B. Budget Unit: Georgia Agricultural Exposition Authority .......................................
Personal Services.. ................................................. Regular Operating Expenses ...............................
Motor Vehicle Purchases ...............................................................$
Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 2,895,546
2,046,978 25,000 0
95,000 40,000
0 70,000
695,000 0
5,867,524
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

5,867,524

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......................................................!

102,399.844
61,763,329 7,801,357
104,095 4,311,500
288,190 3,147,710
28,962 1,944,147 1,132,000

1456

JOURNAL OF THE HOUSE,

State Patrol Posts Repairs and Maintenance.............................$ Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

145,100
0 0 80,666,390 1,650,000 79,016,390

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....................................................................!

18,675,710
1,112,113 61,941
0
62,343 9,000 47,262
273,300 69,000
0 303,651 34,900
2.734.234 23,383,454
0 23,383,454

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,462,654 23,383,454 59,203.736 104,049,844

!

19,962,654

!

23,383,454

!

59.053.736

! 102,399,844

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....................................................................!

14.278.665
8,040,014 2,587,526
94,010 64,220 393,546 140,835 156,997 203,644 488,533 2,425,200 3,603,386
0 18,197,911 14,278,665

Departmental Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers Standards
and Training Police Academy

3,097,635
1,458,203 1,136,033

!

328,389

!

1,458,203

!

1,046,033

THURSDAY, MARCH 5, 1998

1457

Fire Academy Georgia Firefighters Standards
and Training Council Georgia Public Safety Training
Facility Total

1,124,353
443,580
10.938.107 18,197,911

1,014,353
443,580
9.988.107 14,278,665

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....................................................................$

16.376.000 575,000
15.801.000 16,376,000 16,376,000

Section 26. Public Service Commission. Budget Unit: Public Service Commission. .........................................$
Personal Services.............................................................. ...............$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment..............,.........................................................................? Computer Charges................................................ ...........................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

8.268.331 7,757,806
630,486 278,106 283,500 71,526 369,786 330,108 168,202 1.214.981 11,104,501 8,268,331

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

2,211,046 4,015,611
4.877.844
11,104,501

2,211,046 1,410,302 4.646.983 8,268,331

Section 27. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................$ Special Funding Initiative .............................................................$ Office of Minority Business Enterprise.......................................$ Student Education Enrichment Program....................................$ Forestry Research............................................................................$ Research Consortium......................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Departmental Income .....................................................................$ Sponsored Income ...........................................................................$ Other Funds .....................................................................................$ Indirect DOAS Services Funding .................................................$

1.270.227.407
1,338,074,864 204,900,000
346,946,934 146,225,000 26,198,294
941,151 351,860 991,611 4,235,000 2.000.000 2,070,864,714 42,000,000 351,125,000 404,472,807 3,039,500

1458

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

1,270,227,407

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/
Economic Development Institute .............................................$ 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 .........................................?
SREBPaymente..............................................................................$ Medical Scholarships ......................................................................? Regents Opportunity Grants.........................................................?
Regents Scholarships ......................................................................$ Rental Payments to Georgia Military College............................! CRT Inc. Contract at Georgia Tech
Research Institute .......................................................................$ Direct Payments to the Georgia Public
Telecommunications Commission for
Operations ....................................................................................$ Pediatric Residency Capitation Contracts ..................................$
Total Funds Budgeted....................................................................? Departmental Income .....................................................................$ Sponsored Income...........................................................................? Other Funds.....................................................................................$
Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................?

181.823.238
280,567,770 68,036,345
130,182,390 41,418,411
0 2,452,583
15,749,731
4,312,000 1,974,000
146,400 7,210,000 6,044,890
0 2,762,796 4,857,775 1,503,508
600,000 200,000 1,276,071
179,214
15,384,307 480.000
585,338,191 0
118,179,756 284,791,697
543,500 181,823,238

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 Advanced Technology Development
Center/Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station

2,297,115 4,919,322 1,596,456 107,064,981
15,749,731 69,672,287 55,676,738
262,074,410
2,975,997

$

1,458,968

$

1,677,646

$

1,033,675

$

9,025,582

7,434,021 40,486,098 32,268,352
33,608,599
2,975,997

THURSDAY, MARCH 5, 1998

1459

Veterinary Medicine Teaching Hospital
Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Total

5,118,005 25,470,566 3,413,908
3,353,970 25.954.705 585,338,191

!

535,878

!

25,470,566

!

0

!

0

$

25.847.856

! 181,823,238

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................! Operating Expenses........................................................................! General Programming.....................................................................! Distance Learning Programming ..................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!

0 10,035,915 8,045,469 3,889,958 6.702.234 28,673,576 28,673,576
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...................................................................................$ Georgia Public Telecommunications Commission .....................$ Internet Connection Initiative ......................................................$ Special Funding Initiatives............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

26.685.000
15,000,000 2,000,000 2,219,000 7.466.000 26,685,000 26,685,000

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..............................................................................................! Investment for Modernization ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

94.385.350 61,971,275 5,268,072 1,162,429
207,300 311,242 9,726,030 2,927,364 2,708,870 1,244,600 3,422,795
0 2,404,350 3,506,810 4.902.668 99,763,805 3,845,000 94,385,350

Departmental Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit

11,225,310 10,953,876 10,723,053 16,916,970 8,257,787 17,690,512 8,449,621

!

11,225,310

!

10,803,876

!

9,707,853

!

16,776,970

!

7,957,787

!

16,390,512

!

8,449,621

1460

JOURNAL OF THE HOUSE,

Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

4,752,350 4,011,535
20,000
4,351,652 2.411.139 99,763,805

3,018,895 3,911,535
20,000 3,711,852 2,411.139 94,385,350

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....................................................................$

28.650.070 17,723,513 3,162,952
243,800
105,650 110,182
3,005,634 2,420,255
811,880 1,513,704
597.500 29,695,070 28,650,070

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

$

4,243,154

$

4,955,807

$

2,564,768

$

1,970,679

$

4,314,303

$

1,213,572

$

379,088

$

9,845,817

$

207.882

$

29,695,070

4,213,154
4,880,807 1,844,768
1,920,679 4,294,303 1,213,572
379,088 9,695,817
207.882 28,650,070

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....................................................................!

2.230.521 1,340,997
156,400 15,000 29,000 7,639 316,400 170,085 62,000 133.000 2,230,521 2,230,521

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

!

2,230,521

2,270,521

Section 30. Soil and Water Conservation
Commission. Budget Unit: Soil and Water Conservation

THURSDAY, MARCH 5,1998

1461

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....................................................................!

2.155.513 1,306,540
251,772 41,650 27,464
6,594 13,800
118,648 26,788 432,157
121.500 2,346,913 2,155,513

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...................................! Work Incentive for Students.........................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

34.045.759
520,140 22,680 18,000
0 7,500 38,822 46,000
18,691 91,800
0 4,410,455
26,499,053 500,000
86,000 337,500 100,000
808,368 0
540.750
34,045,759 34,045,759

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission
Total

!

33,282,126

!

763.633

!

34,045,759

!

33,282,126

!

763.633

!

34,045,759

B. Budget Unit: Lottery for Education..............................................! HOPE Financial Aid - Tuition.....................................................! HOPE Financial Aid - Books........................................................! HOPE Financial Aid - Fees...........................................................! Tuition Equalization Grants .........................................................$ Hope Scholarships - Private Colleges..........................................! Georgia Military College Scholarship..........................................! LEPD Scholarship..........................................................................! Teacher Scholarships......................................................................! Promise Scholarships......................................................................! Engineer Scholarships....................................................................! Total Funds Budgeted....................................................................!

219.347.965 111,048,893 29,618,427 24,927,442 15,626,661 31,735,698
800,844
215,000 3,500,000 1,125,000
750.000 219,347,965

1462

JOURNAL OF THE HOUSE,

Lottery Funds Budgeted ................................................................$

219,347,965

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 ......................................................? Employee Benefits ..........................................................................? Retirement System Members........................................................! Floor Fund for Local Retirement Systems .................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

9.590.000 5,478,833
356,100 20,500
0 5,700 858,717 527,355 154,665 299,300 5,790,000 3,550,000 250,000 17,291,170 9,590,000

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....................................................................?

234.900.145 6,213,145 596,890 161,380 0 187,271 738,746 594,575 992,182 146,786 15,051,525 5,972,145 1,075,353 7,547,385 0
178,386,942 51,654,409 6,019,579 19,100,225
3,488,303
8.379.096 306,305,937 234,900,145

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

?

9,630,975

? 296.674.962

? 306,305,937

?

6,547,325

? 228.352.820

? 234,900,145

B. Budget Unit: Lottery for Education.... Computer Laboratories and Satellite Dishes-Adult Literacy........................ Capital Outlay - Technical Institute Satellite Facilities...............................

24.384.346 0 0

THURSDAY, MARCH 5,1998

1463

Equipment-Technical Institutes ...................................................$
Repairs and Renovations - Technical Institute8.......................................................................................$
Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

18,384,346
6,000.000 24,384,346 24,384,346

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....................................................................!

574.126.951 262,617,232 62,239,702
2,024,000 2,000,000 7,127,070 11,905,646 1,333,768 3,269,333 60,448,553 799,377,596
1,001,874 1,239,992 8,514,737
710,855
341.250 1,224,151,608
574,126,951

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction
Maintenance and Betterments Facilities and Equipment Administration Total

$ 913,511,135

! 245,787,351

$

15,359,379

!

32.000.472

! 1,206,658,337

$ 285,620,458

$ 233,363,366

!

14,799,379

!

31.216.797

$ 565,000,000

General Funds Budeet

Planning and Construction Maintenance and Betterments Air Transportation
Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities
Total

0 1,500,000 2,277,573 13,004,843
710.855 17,493,271

0 1,500,000 1,816,827 5,099,269
710.855 9,126,951

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......................................................!

19.444.310
5,031,339 195,723 92,245
0 173,265 27,100 250,711
66,850 14,339,340

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JOURNAL OF THE HOUSE,

Operating Expense/Payments to Medical College of Georgia .....................................................................................$
Regular Operating Expenses for Projects and Insurance ......................................................................................$
Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................$

7,218,941
396.500 27,791,014 19,444,310

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing Home-Augusta Total

$

20,516,073

$

7,274,941

$

27,791,014

14,707,761 4.736.549 19,444,310

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....................................................................!

11.310.468 8,966,385
440,737 127,000
0 59,520
297,057 1,256,148
184,121
169,500 0
11,500,468
11,310,468

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) ...................................................$
!

336,260,630 35.000.000 371,260,630

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New)...........................................................! Motor Fuel Tax Funds (New).......................................................!
!

45,291,709 0
45,291,709

Section 38. Provisions Relative to Section 3, Judicial Branch. The appro priations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which

THURSDAY, MARCH 5, 1998

1465

funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 39. Provisions Relative to Section 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 Adminis trative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1998 of all vehicles purchased or newly leased during Fiscal Year 1998.

Section 40. Provisions Relative to Section 7, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Atlanta
City of Warner Robins Wilkes County

Operation of the School of Library and Information Services Graduate Program Clark Atlanta University
Operation of the Aviation Museum Wilkes County Airport Development

$ 75,000 $ 90,000 $ 86,250

Section 41. Provisions Relative to Section 10, State Board of Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,959.92. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six,
seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for
instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 15, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

1466

JOURNAL OF THE HOUSE,

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts
subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such trans fers shall not require prior budgetary approval.
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 allo cation or 90% of their base year hospital utilization funding (whichever is less) to pur
chase 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
specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to
Article 6, and may be used to match federal funds which are available for such purposes. Medicaid formulary restrictions, including prior authorization, shall be based on the
individual patient's clinical and medical criteria and on cost-effectiveness.
Adjust nursing home reimbursement rates effective July 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reim bursement methodology.
It is the intent of the General Assembly that the Department of Medical Assistance develop an accuity based payment system for nursing homes.

Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $137.00 per bud geted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1999 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 1999 shall not exceed 8.66%.

Section 45. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are real ized in excess of the amount of such funds contemplated in this Act, the Office of Plan
ning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation
and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems.

THURSDAY, MARCH 5, 1998

1467

Section 46. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institu tions.
Section 47. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1999, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retar dation institutions ($8,521,072) 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 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:

1468

JOURNAL OF THE HOUSE,

First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, fanner gasoline tax refund and any other refunds specifically authorized by law.
Section 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1998 Regular Session, except as provided, however, the Director of the Budget is autho rized to make internal transfers within a budget unit between objects, programs and activi ties 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 appropria tion of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations

THURSDAY, MARCH 5, 1998

1469

Committees of the Senate and House of Representatives of all instances revealed in his
audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include
only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and
Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations
shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or
combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior
approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal
amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

Principal Amount

Debt Service

A.) Maturities not to exceed two hundred forty months.

Department of Education regular entitlements, regular advanced
funding and incentive advance funding Construct phase I classroom replacement
at Augusta State University
Classroom building at Georgia State University
Science building at Armstrong
Atlantic State University Arts and science instructional center
at State University of West Georgia Odum Library at Valdosta State
University
Learning resource center at DeKalb College

$

73,580,000 $ 6,548,620

18,195,000

1,619,355

29,075,000

2,587,675

28,000,000

2,492,000

19,350,000

1,722,150

14,250,000

1,268,250

8,685,000

772,965

1470

JOURNAL OF THE HOUSE,

Health building at Fort Valley State University
Visual and commercial arts classroom and office building at Kennesaw State University
Addition to Dillard Science Hall at Middle Georgia College
Renovate the Drew-Griffith science building at Savannah State University
Phase II of the ceramics and sculpture building at Georgia Southern University
Library addition and renovation at Dalton College
Addition and renovation of the Old Agricultural Engineering Building at Abraham Baldwin Agricultural College
Renovate Crawford Wheatley Hall at Georgia Southwestern State University
Renovate the lecture hall of the Multimedia Information Center at Clayton College and State University
Plant operations building at Southern Polytechnic State University
Continue a multi-year repairs and renovations program at various Technical and Adult Education facilities
Renovate the Savannah Tech Classroom, Library and Administration buildings
Renovate the Atlanta Tech main building, Annex and Child Development buildings
Improve pedestrian traffic flow and modify existing facilities at the Georgia Agricultural Exposition
Wastewater system at the Tallaposa Visitor Center
Replace roof at the West Point Visitor Center
Provide a 50% match for roof repairs and HVAC replacement of the original exhibit area at the World Congress Center
Land acquisition under the River Care 2000 program
West Georgia Regional Reservoir Major repairs and renovations at various
YDCs and RYDCs Complete construction of the dining
facility at the Irland YDC Complete the Athens RYDC multi-purpose
building
Classroom addition at the Macon RYDC
Human resources projects: safety and
regulatory requirements; major
construction and design; HVAC systems;
electrical replacement; roofing

18,930,000
4,700,000 4,100,000 4,100,000 1,600,000 4,950,000
3,220,000 2,600,000
1,675,000 1,600,000
5,000,000 3,435,000 3,935,000
655,000 1,305,000
170,000
3,835,000 20,000,000 46,000,000 3,000,000
1,100,000 540,000 540,000

1,684,770
418,300 364,900 364,900 142,400 440,550
286,580 231,400
149,075 142,400
445,000 305,715 350,215
58,295 116,145 15,130
341,315 1,780,000 4,094,000
267,000 97,900 48,060 48,060

THURSDAY, MARCH 5, 1998

projects; water, sewer and plumbing projects Construct a maximum security forensics building at Central State Hospital Replace the garage and maintenance buildings at Savannah Regional Hospital Construct a morgue for the Georgia Bureau of Investigation Minor construction, repair and roofing projects for the Department of Corrections Capitol Building restoration Continue renovation of the #2 Peachtree Building Americans with Disabilities Act modifications State Park projects Construct a parking deck at Georgia Tech Construct a recreation center at Valdosta State University Continued renovation of the Capitol Museum Completion of the Capitol Education Center Design of a technology and commerce facility at Columbus State University Planning and design of a facility at the University of Georgia Governor's Road Improvement Program Four laning program Construction of a business and industrial development center at South Georgia Technical and Adult Institute Expansion of a facility at the Atlanta Farmers' Market
B.) Maturities not to exceed sixty months.
Planning and design of a building expansion of the School of Architecture at Southern Polytechnic State University
Planning and design of an instructional complex at Gordon College
Planning and design of an environmental sciences and technology building at the Georgia Institute of Technology
Planning and design of a health and natural sciences building at North Georgia College and State University
Planning and design of a student learning center at the University of Georgia
Planning and design of a learning center at Clayton College and State University
Planning and design of a new DeKalb/ UGA Gwinnett Center
Upgrade utilities at the Medical College

7,000,000 17,800,000
1,100,000 1,295,000
6,000,000 13,180,000 10,000,000 6,000,000 1,000,000 10,000,000 9,750,000 1,000,000 1,625,000
800,000
240,000 10,000,000 5,000,000
5,700,000 2,000,000
515,000 600,000
1,340,000
765,000 1,710,000
930,000
880,000

1471
623,000 1,584,200
97,900 115,255
534,000 1,173,020
890,000 534,000 89,000 890,000 867,750 89,000 144,625 71,200
21,360 890,000 445,000
507,300 178,000
120,510 140,400
313,560
179,010 400,140 217,620 205,920

1472

JOURNAL OF THE HOUSE,

of Georgia hospital Purchase equipment for the Governor's
Traditional Industries research
projects Add restrooms at Kingsland and Savannah
Visitor Centers
Renovate Kingsland and Savannah Visitor Center's interiors
Planning and design of a new 75-bed
RYDC in Jeff Davis County Planning and design of a dining facility
and a detention building addition at the Augusta YDC Planning and design of a police office
and detention unit at Lorenzo Benn YDC Planning and design of a detention unit
expansion at the Macon YDC
Purchase equipment for the Paulding RYDC Renovate the first floor of Roosevelt
Hall to expand the therapy area at Warm Springs Renovations to the Georgia War Veterans Home in Milledgeville
Security-related modifications at various prisions
Replacement of equipment for Technical
and Adult Institutions Equipment for new and modified
vocational high school laboratories

4,000,000
3,015,000 300,000 90,000 335,000
230,000 60,000 60,000 300,000
1,325,000 640,000
6,235,000 1,000,000 2,781,000

936,000
705,510 70,200 21,060
78,390
53,820 14,040 14,040 70,200
310,050 149,760 1,458,990 234,000 650,754

Section 58. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $345,983,018 for the following purposes: 1.) To provide a general sal ary adjustment of 0% to 7% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) To provide a general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this pur pose determined according to an effective date of October 1, 1998 (proposed salary adjust ments are contingent on an employee's receiving at least "satisfactory" or "meets expectations" on annual performance appraisal). 3.) To provide for a cost of living adjust ment 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 autho rized in said act, Code Section 45-7-4 with the amount of the appropriation for this pur pose determined according to an effective date of October 1, 1998. 4.) To provide for a cost of living adjustment for members of the General assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 5.) 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, 1998. 6.) In lieu of item 1 above, to provide for 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, 1998. 7.) To provide for a 6% salary increase for teachers with the Depart ment of Technical and Adult Education with the amount of the appropriation for this pur pose determined according to an effective date of September 1, 1998. 8.) 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 September 1, 1998. 9.) In addition to the general salary adjustment in item 1 above, to provide a 5% salary supplement for Peace Officer Standards Training

THURSDAY, MARCH 5, 1998

1473

certified personnel in the Juvenile Correctional Officer job class series within the Depart ment of Juvenile Justice with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 10.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustment for certain admin istrative law judges and support personnel in the Office of State Administrative Hearings, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Georgia Bureau of Investigation special agents and scientists, with the amount of the appropriation for this purpose determined according to and effective date of October 1, 1998. 12.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for certain sup port staff within the Public Service Commission, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. In addition to the general salary adjustment in item 1 above, to provide a 3.5% funding level for supple mental salary adjustments for certain positions within the Department of Law, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. In addition to the general salary adjustment in item 1 above, to provide a supplemental salary adjustment for employees sucessfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998.

Section 69. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1999

$ 12,528,603,880

Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 61. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1250, designating Representative Coleman of the 142nd as Chairman thereof.

By unanimous consent the rules were waived in order to take a roll call vote. Representative Skipper of the 137th moved to limit debate to 10 minutes per speaker. On the motion, the roll call was ordered and the vote was as follows:

Alien YAndenon YAshe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdsong YBohannon
Bordeaux Bradford YBnedlove Y Bridges N Brooks N Brown EBuck YBuckner Bunn YBurkhalter Y Byrd Y Campbell N Canty

ECash Y Channel] YChilden N Clark N Coan Y Coleman, B
Coleman, T Connell Y Cooper Y Crawford N Crews Culbreth Y Cummings Y Davis, G N Davis, M E Day Y DeLoach, B Y DeLoach, G NDix Y Dixon YDobbs Dukes Y Ehrhart Y Epps Y Evans

Eveiett Y Felton Y Floyd N Franklin Y Golden Y Graves Y Greene N Grindley
Hammontree Y Banner E Harbin Y Heard Y Hecht Y Heckstall Y Hegstrom
Henson Y Holland Y Holmes Y Houston
Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin

Y Jackson Y James YJamieson YJenkins Y Johnson NJohnston Y Jones N Joyce N Kaye N Ladd N Lakly Y Lane Y Lee N Lewis Y Lord Y Lucas
Maddox Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton

McKinney N Mills Y Mobley Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster
Poag Y Polak Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reichert N Rice

1474

JOURNAL OF THE HOUSE,

Y Richardson Roberts
Y Rogers Y Royal N Sanders
Sauder YScarlett NScheid N Scott Y Shanahan YShaw

YSherrill YShipp YSlms 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 NSnefflng YSnow YStallings YStancil, F NStancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor

Y Tongue YTeper Y Thomas
Tillman N Titus YTolbert YTrense YTumquest Y Walker, L N Walker, R.L

On the motion, the ayes were 120, nays 35. The motion prevailed.

Y Watson West
N Westmoreland YWhitaker YWile. Y Williams, B N Williams, J
Williams, R NWorthan NYates Y Murphy, Spkr

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1250 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

Representative Walker of the 141st moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Alter, Andenon YAahe Y Bailey Y Bannister YBarfoot Y Barnard YBarnes Y Bates YBenefield YBirdnong Y Bohannon Y Bordeaux Y Bradford YBreedlove Y Bridget Y Brook. Y Brown EBuck YBuckner YBunn YBurkhalter YByrd Y Campbell Y Canty YCash YChannell YChilders Y Clark YCoan YColeman, B YColeman, T YConnell Y Cooper YCrawford YCrewi

YCulbreth Y Cummings YDavis, G NDavis, M EDay YDeLoach, B YDeLoach,G YDix YDizon YDobbs
Dukes YEhrhart
Epps Y Evans YEverett YFelton YFloyd N Franklin Y Golden Y Graves YGreene YGrindley Y Hammontree Y Manner E Harbin Y Heard YHecht YHeckstall YHegttrom YHenson Y Holland Y Holmes Y Houston Y Howard YHudgens Y Hudson, H

Y Hudson, N YHugley Ylrvin Y Jackson Y James Y JuiuBson YJenkins Y Johnson
Johnston Y Jones N Joyce NKaye YLadd NLakly YLane YLee Y Lewis YLord Y Lucas YMaddox NMann Y Manning Y Martin, J Y Martin, J.L YMasaey YMcBee YMcCaU Y McClinton Y McKinney Y Mills Y Mobley YMoeley YMueller YO'Neal YOrrock YParham

On the motion, the ayes were 163, nays 7. The motion prevailed.

The following amendment was read:

YParrish Y Parsons YPelote Y Perry Y Pinholster YPoag YPolak Y Ponder Y Porter YPowell YPurcell YRagas
Randall YRay Y Reaves YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders YSauder YScerlett YScheid 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 YSnelUng YSnow Y Stalling! YStancil, F YStancil, S Y Stanley, L Y Stanley, P Y Stephens YTaylor YTeague YTeper Y Thomas YTiUman YTitus Y Tolbert YTrense YTumquest YTwiggs Y Walker, L Y Walker, R.L Y Watson YWest Y Westmoreland YWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan NYates
Murphy, Spkr

THURSDAY, MARCH 5, 1998

1475

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1250 by removing from the Board of Regents, University System of Georgia, Section 27B relat ing to State Fiscal Year 1999 the figure $15,384,307 and by (decreasing) the object classes as listed below:

Object Classes

Direct Payments to the Georgia Public Telecommunications Commission for Operations

$ (15,384,307)

Total Funds State Funds

$ (15,384,307) $ (15,384,307)

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

N Alien N Andersen
NAshe N Bailey N Bannister NBarfoot N Barnard NBaroes N Bates N Benefield NBinUong N Bohannon
Bordeaux N Bradford NBreedlove Y Bridges N Brooks Y Brown EBuck N Buckner YBunn N Burkhalter NByrd N Campbell
N Canty NCash N Channel!
N Childen Y Clark NCoan NColeman, B N Coleman, T N Cornell N Cooper N Crawford N Crews

N Culbreth N Cununings N Davis, G Y Davis. M EDay NDeLoach, B NDeLoach, G NDiz
Diion
NDobbs N Dukes YEhrhart
Epps Y Evans NEverett NFelton NFloyd Y Franklin
N Golden N Graves NGreene YGrindley N Hammontree N Manner E Harbin N Heard
NHecht N Heckstall N Hegstrom NHenson N Holland N Holmes N Houston N Howard NHudgens N Hudson, H

N Hudson, N NHugley Nlrvin
N Jackson N James N JamiesoD NJenkins
N Johnson Y Johnston N Jones
Y Joyce YKaye YLadd YLakly NLane NLee N Lewis NLord
N Lucas N Maddox NMann
N Manning N Martin, J N Martin, J.L NMassey NMcBee
NMcCall N McClinton
NMcKinney Y Mills NMobley NMoeley NMueUer NO'Neal NOrrock NParham

NParrish N Parsons NPelote
N Perry Pinbolster
NPoag NPolak
N Ponder N Porter NPoweU NPurcell
NRagas NRandall
NRay N Reaves NReichert NRice N Richardson N Roberta
Rogers N Royal
Y Sanders NSauder N Scarlett YScheid N Scott NShanahan NShaw NSherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 25, nays 146. The amendment was lost.

N Smith, L.R N Smith, P N Smith, T Y Smith, V NSmyre NSnelling NSnow NStaUings NStancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephens N Taylor NTeague NTeper N Thomas NTillman N Titus N Tolbert NTrense N Tumquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmorland NWhitaker Y Wiles N Williams, B Y Williams, J N Williams, R NWorthan
YYates Murphy, Spkr

The following amendment was read:

Representatives Kaye of the 37th, Ehrhart of the 36th and Irvin of the 45th move to amend the Committee substitute to HB 1250 by (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund, Section 37, relating to State Fiscal Year 1998 the figure $45,291,709 and by (decreasing) the object classes as listed below:

Object Classes

State General Funds (Issued)

$ (45,291,709)

1476

JOURNAL OF THE HOUSE,

Total Funds Federal/Other State Funds

(45,291,709) (45,291,709)

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

N Alien N Anderson NAshe NBailey Y Bannister NBarfoot N Barnard NBarnes Y Bates N Benefield NBirdsong N Bohjmnon N Bordeaux N Bradford NBreedlove N Bridges N Brooks Y Brown EBuck MBuckner NBunn N Burkhalter NByrd N Campbell N Canty NCash NChanneU NChildera Y Clark YCoan NColeman, B
Coleman, T NConneU N Cooper N Crawford
Y Crews

N Culbreth N Cummings N Davis, G Y Davis, M EDay NDeLoach, B NDeLoach, G YDii NDizon
NDobbs N Dukes
YEhrhart Epps
Y Evans NEverett NFelton NFloyd Y Franklin N Golden N Graves NGreene YGrindley NHammontree N Manner E Harbin N Heard NHecht NHeckstall NHegstrom NHenson NHoUand N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin
N Jackson N James N Jamieson N Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane NLee Y Lewis NLord N Lucas NMaddoi NMann N Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton NMcKinney
Y Mills N Mobley NMosley NMueUer
NO'Neal NOrrock NParham

NParrish N Parsons NPelote N Perry
Y Pinholster NPoag NPolak
N Ponder N Porter NPowell NPurcell NRagas NRandall NRay N Reaves NReichert YRice N Richardson N Roberts N Rogers N Royal
Y Sanders N Sauder NScarlett YScheid
Scott N Shanahan NShaw NSherrill NShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 34, nays 139. The amendment was lost.

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 Stephens N Taylor NTeague NTeper N Thomas NTillman N Titus NTolbert NTrense N Tumquest NTwiggs N Walker, L N Walker, R.L N Watson NWest Y Westmoreland NWhitaker N Wiles N Williams, B N Williams, J N Williams, R YWorthan YYates
Murphy, Spkr

The following amendment was read:

Representative Crews of the 78th, et al. move to amend the Committee substitute to HB 1250 by (removing from) State funds for the Department of Human Resources, Section 15, relating to State Fiscal Year 1999 the figure $6,000,000 and by (decreasing) the object classes as listed below:

Object Classes

Regular Operating Expenses Travel Per Diem, Fees and Contracts Computer Charges Telecommunications Purchase of Service Contracts Grant in Aid to Counties Medical Benefits

(550,000) (20,000) (240,000) (6,000) (2,320) (360,000) (4,466,680) (355,000)

Total Funds

(6,000,000)

THURSDAY, MARCH 5,1998

1477

Federal/Other State Funds

(6,000,000) 0

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

N Alien NAndenon NAshe N Bailey Y Bannister NBarfoot Y Barnard NBarnea Y Bates NBenefield
NBirdsong YBohannon N Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn Y Burkhalter NByrd Y Campbell N Canty YCash NChannell
NChilders Y Clark YCoan NColeman, B NColeman, T NConnell Y Cooper N Crawford Y Crews

NCulbreth N CumnungB N Davis, G
Y Davis, M EDay NDeLoach, B
YDeLoach, G YDfc NDixon NDobbs N Dukes YEhrhart NEpps Y Evans YEverett N Felton
NFloyd Y Franklin N Golden Y Graves NGreene YGrindley Y Hanunontree N Manner E Harbin
N Heard YHecht NHeckstall NHegstrom
Henson N Holland
N Holmes N Houston N Howard YHudgens N Hudson, H

N Hudson, N N Hugley Ylrvin Y Jackson N James N Jamieson
Jenkins N Johnson Y Johnston N Jones Y Joyce YKaye YLadd YLakly NLane
Lee Y Lewis NLord N Lucas NMaddox YMann
Y Manning N Martin, J N Martin, J.L YMassey NMcBee NMcCall N McClinton N McKinney Y Mills N Mobley NMosley Y Mueller NO'Neal NOrrock NParham

NParrish Y Parsons N Pelote
N Perry Y Pinholster
YPoag NPolak Y Ponder N Porter
Powell NPurcell
NRagas NRandall NRay N Reaves N Reichert YRice N Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder YScarlett YScheid N Scott
N Shanahan Shaw
NSherriU
YShipp NSims N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 68, nays 102. The amendment was lost.

Y Smith, LJl N Smith,? N Smith, T Y Smith, V NSmyre YSnefflng NSnow N Stalling* NStancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTilhnan Y Titus YTolbert YTrense N Turnquest
N Walker, L Y Walker, K.L N Watson N West Y Westmorland NWhitaker Y Wiles Y Williams, B Y Williams, J Y Williams, R YWorthan YYates
Murphy, Spkr

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

The following amendment was read and ruled out of order:

Representative Crews of the 78th, et al. move to amend the Committee substitute to HB 1250 by adding the following language to the Department of Human Resources, Section 15, rekting to State Fiscal Year 1999:
Provided, that of the appropriation relative to teen pregnancy prevention programs, no funding shall be expended for medications known as "emergency contraceptives" and that no medications may be prescribed for abortive purposes.
Provided further, facilities operated by the Department of Human Resources for the pur pose of providing teenage pregnancy prevention services shall be prohibited from providing physical examinations to pre-teen and teenage clients without parental notification.

The following amendment was read:

1478

JOURNAL OF THE HOUSE,

Representatives Irvin of the 45th and Ehrhart of the 36th move to amend the Committee substitute to HB 1250 by removing from the Department of Community Affairs Section 8 relating to State Fiscal Year 1999 the figure $57,440 and by decreasing the object classes as listed below:

Object Classes

Sports Hall of Fame

$

(57,440)

Total Funds State Funds

(57,440) (57,440)

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

NAllen
NAnderson NAshe N Bailey Y Bannister NBarfoot N Barnard MBarnes Y Bates N Benefield NBirdsong Y Bohannon N Bordeaux Y Bradford NBreedlove Y Bridges N Brooks Y Brown EBuck NBuckner YBunn N Burkhalter NByrd Y CampbeU N Canty NCash NChannell NChUden Y Clark YCoan NColeman, B N Coleman, T NConneU Y Cooper Y Crawiord Y Crews

YCulbreth N CummingB NDavis, G YDavis, M EDay NDeLoach, B YDeLoach, G YDix
Dixon NDobbs N Dukes Y Ehrhart NEpps Y Evans NEverett Y Felton NFloyd Y Franklin N Golden N Graves NGreene YGrindley Y Hanunontree N Banner E Harbin
N Heard NHecht N Heckstall
NHegstrom N Henson N Holland N Holmes N Houston 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
Lakly NLane NLee Y Lewis
NLord N Lucas NMaddox YMann Y Ivi&nninfl
N Martin, J N Martin, J.L YMassey NMcBee NMcCall
N McClinton NMcKinney Y Mills N Mobley NMosley
Mueller NO'Neal NOrrock NParham

NParrish N Parsons NPelote N Perry
Pinholster NPoag NPolak Y Ponder N Porter N Powell NPurcell NRagas NRandall NRay N Reaves N Reichert YRice Y Richardson
N Roberts N Rogers N Royal Y Sanders NSauder NScarlett Y Scheid
N Scott N Shanahan NShaw NSherrill YShipp NSims N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L

On the adoption of the amendment, the ayes were 55, nays 116. The amendment was lost.

Y Smith, L.R N Smith,? N Smith, T Y Smith, V NSmyre YSnelling NSnow NStaUingg N Stancil, F YStancil, S N Stanley, L N Stanley, P Y Stephens N Taylor NTeague NTeper N Thomas NTillman Y Titus N Tolbert YTrense NTurnquest NTwiggs N Walker, L Y Walker, R.L N Watson NWest Y Westmoreland NWhitaker Y Wiles
Williams, B Y Williams, J N Williams, R
N Worthan YYates
Murphy, Spkr

The Committee substitute was adopted.

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

Y Alien Y Anderson YAshe Y Bailey

Y Bannister YBarfoot
Y Barnard
YBarnes

Y Bates Y Benefield
YBirdsong
Y Bohannon

Y Bordeaux Y Bradford
Y Breedlove
Y Bridges

Y Brooks N Brown
EBuck
Y Buckner

THURSDAY, MARCH 5, 1998

1479

YBunn YBurkhalter
YByrd Y Campbell Y Canty
YCash Y Channel! YChildns N Clark NCoan YColeman, B Y Cabman, T YConnell Y Cooper Y Crawford N Crews YCulbreth Y Cunmiiiigs YDavis,G NDavu, M EDay YDeLoach,B YDeLoach, G NDii YDixon YDobbe YDukw NEhrhart YEpp. NEvans YEverett YFelton

YFloyd N Franklin Y Golden Y Graves YGreene NGrindley YHammontree Y Manner E Harbin Y Heard YHecht YHeckstall YHegBtrom YHenson
Y Holland Y Holmes Y Houston Y Howard
NHudgens Y Hudson, H Y Hudson, N YHugley NIrvin Y Jackson Y Janus YJamieson YJenkms N Johnson N Johnston Y Jones N Joyce NKaye

NLadd NLakly YLane YLee Y Lewis YLord Y Lucas YMaddoz NMann Y Manning
Y Martin, J Y Martin, J.L YMassey YMcBee YMcCall Y McClinton YMcKinney N Mills YMobley YMoeley
Mueller YO-Neal YOrrock YParham YParrish Y Parsons YPelote Y Perry N Pinholster YPoag YPolak Y Ponder

Y Porter YPowell YPurcell YRagas YRandall YRay
Y Reaves YReichert NRice Y Richardson Y Roberts Y Rogers
Y Royal N Sanders YSauder YScarlett YScheid Y Scott YShanahan YShaw YSherrill YShipp YSims Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith,? Y Smith, T N Smith, V

YSmyre NSnelling YSnow YStallings YStancil, F NStancil, S
Y Stanley, L Y Stanley, P
Y Stephens Y Taylor YTeague YTeper Y Thomas YTUbnan Y Titus YTolbert YTrense YTurnquest YTwiggs Y Walker, L
Y Walker, R.L Y Watson YWest N Westmoreland YWhitaker N Wiles Y Williams, B N Williams, J Y Williams, R Y Worthan NYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 31.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

House of Representatives State Capitol, Suite 133 Atlanta, Georgia 30334
March 5, 1998
Honorable Robert E. Rivers, Clerk Georgia House of Representatives Suite 309, State Capitol Atlanta, GA 30334
RE: House Bill 1250
Dear Mr Clerk:
T"yheea"H. ouse considered House Bill 1250 this date and I would like to be recorded as voting
Thanking you, I am
Very truly yours, /s/ Thomas B. Buck, III
TBBJILjs

Representative Walker of the 141st moved to postpone remainder of Calendar until tomorrow.
The motion prevailed.

1480

JOURNAL OF THE HOUSE,

Representative Walker of the 141st moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.